What is the threshold for a complaint of sexual assault to proceed to a hearing?

British Columbia, Canada


The following excerpt is from Ryane v. BC Ministry of Justice and others, 2019 BCHRT 148 (CanLII):

The threshold for a complaint to proceed to a hearing is low; a complainant need only show that the evidence takes the case out of the realm of conjecture: Workers' Compensation Appeal Tribunal v. Hill, 2011 BCCA 49 at para. 27.

Other Questions


What is the case law on the exclusion of evidence of sexual assault and sexual assault in criminal proceedings? (British Columbia, Canada)
Is there any case law in the context of sexual assault cases where there is no evidence of physical harm or sexual assault? (British Columbia, Canada)
What is the effect of discretion of the Court of Appeal in dealing with allegations of sexual assault in a sexual assault case? (British Columbia, Canada)
Can an employee of the City of Toronto who has been convicted of sexual assault in a criminal proceeding to a labour arbitration claim that the assault did not occur? (British Columbia, Canada)
What is the test for admitting or denying an allegation of sexual assault in a sexual assault case? (British Columbia, Canada)
What is the test for accepting a complaint for sexual assault? (British Columbia, Canada)
How do Respondent respond to a complaint of sexual assault? (British Columbia, Canada)
What is the test for a stay of proceedings in a sexual assault case? (British Columbia, Canada)
What is the test for a plaintiff to prove that he was sexually assaulted at the time of an assault? (British Columbia, Canada)
How have courts in Canada treated the issue of sexual harassment in the context of sexual assault cases? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.