What is the threshold for defeat in an application to dismiss a complaint?
British Columbia, Canada
The following excerpt is from Verozinis v. Maple Ridge Hyundai, 2019 BCHRT 208 (CanLII):
The threshold for a complainant to defeat an application to dismiss is low. The complainant has only to demonstrate that the complaint rises beyond the realm of conjecture: Workers' Compensation Appeal Tribunal v. Hill, 2011 BCCA 49 at para. 27. The burden is on a respondent seeking to dismiss a complaint under s. 27(1)(c) to demonstrate that the complainant has no reasonable prospect of proving the elements of his or her complaint or that the respondent is reasonably certain to establish its defence at the hearing.
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