What is a prima facie case in a sexual assault case?

Prince Edward Island, Canada


The following excerpt is from Ayangma v HRC & ELSB, 2019 PECA 20 (CanLII):

He argues that it is “trite law that the question of whether or not a complainant has made out a prima facie case at the investigation stage turns on the sufficiency of the evidence of the complainant.” He relies on Lincoln v. Bay Ferries Ltd., 2004 FCA 204, for the proposition that a prima facie case is one which covers the allegations which, if believed, is complete and sufficient to justify the verdict in the complainant's favour in the absence of an answer from the respondent employer.

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