Does the Human Rights Tribunal make findings of fact on a s. 27(1)(c) application?
British Columbia, Canada
The following excerpt is from Thejoisworo v. Northern Gold Foods Ltd. and others, 2021 BCHRT 121 (CanLII):
The Tribunal does not make findings of fact on a s. 27(1)(c) application, but makes a preliminary assessment of the evidence on the application to determine whether it warrants going to a hearing: Berezoutskaia v. British Columbia (Human Rights Tribunal), 2006 BCCA 95 [Berezoutskaia] at para. 22. A complaint will proceed to a hearing if the evidence as a whole, viewed in context, takes the allegations out of the realm of conjecture: Berezoutskaia at para. 24.
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