What is the test for a respondent to a sexual assault allegation?
British Columbia, Canada
The following excerpt is from Sidhu v. Vancouver General Hospital, 2017 BCHRT 260 (CanLII):
Alternatively, a respondent may show that there is no reasonable prospect of success in light of its justification for the conduct. In particular, if it is reasonably certain that a respondent would establish a defence at the hearing of a complaint, then there is no reasonable prospect that the complaint will succeed: Purdy v. Douglas College and others, 2016 BCHRT 117 at para. 50.
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