What is the threshold that a complainant must meet in a workplace injury claim?
British Columbia, Canada
The following excerpt is from United Steelworkers obo others v. Tim Hortons and others (No. 2), 2015 BCHRT 168 (CanLII):
The threshold that a complainant must meet is low: a complainant need only show that the evidence presented takes the claim out of the realm of conjecture or speculation. (See Workers’ Compensation Appeal Tribunal v. Hill, 2011 BCCA 49, at paragraph 27).
In an application to dismiss pursuant to s. 27(1)(c), the burden is not on a complainant to establish a prima facie case; rather it is on the respondent to show that the complainant has no reasonable prospect of success: Stonehouse v. Elk Valley Coal (No. 2), 2007 BCHRT 305.
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