What is the test for making out a prima facie case in a sexual assault case?
Canada (Federal), Canada
The following excerpt is from Halifax Employers Association v. Tucker, 2008 FC 516 (CanLII):
It should also be remembered that that the question of whether or not a complainant has made out a prima facie case turns on the sufficiency of the complainant’s evidence on its own, independently of contradictory evidence or answers adduced by the employer. (Lincoln v. Bay Ferries Ltd., 2004 FCA 204, at para. 22)
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