What is the test for accepting a complaint for sexual assault?
British Columbia, Canada
The following excerpt is from Mougholias v. Ora Restaurant and another, 2009 BCHRT 393 (CanLII):
In the alternative, I would accept the complaint for filing pursuant to s. 22(3). Under s. 22(3) the complainant bears the burden of establishing that it is in the public interest to accept the complaint, and that no substantial prejudice will result to any person because of the delay in filing: Chartier v. School District No. 62, 2003 BCHRT 39, para. 12.
Factors relevant to whether it is in the public interest to accept a complaint may include, among others, the length of the delay, the reason for the delay, and the uniqueness, or possible significance, of the particular allegations of discrimination: Fontaine v. Ainsworth Lumber, 2005 BCHRT 563.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
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)
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 case law on the exclusion of evidence of sexual assault and sexual assault in criminal proceedings? (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 refusing to accept the verdict of a jury in a sexual assault case? (British Columbia, Canada)
How have courts in Canada treated the issue of sexual harassment in the context of sexual assault cases? (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)
What is the standard for determining whether to accept or reject evidence 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 acceptance of an allegation of sexual assault in a criminal trial? (British Columbia, Canada)
