What is the burden on an employer to dismiss an application under s. 27(1)(c)?
British Columbia, Canada
The following excerpt is from K. B. v. S. S., 2016 BCHRT 61 (CanLII):
On an application to dismiss filed under s. 27(1)(c), the burden is not on the Complainant to establish a prima facie case but, rather, it is on the Employer to show that he has no reasonable prospect of success of doing so. See: Stonehouse v. Elk Valley Coal (No. 2), 2007 BCHRT 305. The threshold for such a review is low: the Complainant must only show that his evidence is not speculation or conjecture. See: Hill, para. 27.
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