What is the test for dismissing a human rights complaint?

British Columbia, Canada


The following excerpt is from Quan v. Savoury Foods and others, 2010 BCHRT 50 (CanLII):

The Respondents say that even though there are some differences between the parties as to the material facts, this should not preclude a dismissal of the complaint. They rely on the following excerpt from Bell v. Sherk, 2003 BCHRT 63: ...the fact that a complaint raises issues of credibility is not, in and of itself, sufficient reason to deny an application to dismiss. Credibility is a factor in virtually every human rights complaint. Tribunal members, however, when considering the information before them in an application to dismiss are not making findings of credibility per se, but are evaluating all the information before them in order to determine whether there is a reasonable prospect the complaint will succeed.

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