Can a defence be established on an application to dismiss under s. 27(1)(c)?
British Columbia, Canada
The following excerpt is from M.L. v. BC Ministry of Children and Family Development, 2019 BCHRT 101 (CanLII):
The Tribunal may also consider a defence on an application to dismiss under s. 27(1)(c). The question is whether it is reasonably certain that a respondent would be able to establish the defence at a hearing: Purdy v. Douglas College, 2016 BCHRT 117 at para. 50.
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