What is the legal test for a claim of sexual assault?
British Columbia, Canada
The following excerpt is from Kirk v. Burnaby (City), 2014 BCSC 155 (CanLII):
As the respondents note, the threshold a complainant has to meet to show some prospect of success is very low. The complainant must only show that the evidence takes the case out of the realm of conjecture, as held in Workers’ Compensation Appeal Tribunal v. Hill, 2011 BCCA 49 at para. 27.
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