The Tribunal may consider a defence in an application under s. 27(1)(c): Trevena v. Citizens' Assembly on Electoral Reform and others, 2004 BCHRT 24 at para. 67. If it is reasonably certain that a respondent will establish a defence at a hearing of the complaint, then there is no reasonable prospect the complaint will succeed. At a hearing, the burden is on the respondent to establish the elements of a defence.
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