Can credibility issues be a barrier to dismissing a complaint?
British Columbia, Canada
The following excerpt is from Oya v. University of British Columbia and another, 2019 BCHRT 237 (CanLII):
The fact that credibility issues may be raised by the application is not in and of itself a barrier to dismissing a complaint: Bell v. Sherk and others, 2003 BCHRT 63.
The fact remains, however, that where there are “foundational or key issues of credibility”, then the complaint must proceed to a hearing: Francescutti v. Vancouver (City), 2017 BCCA 242 at para. 68.
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