What is the test for determining whether a plaintiff is entitled to differential treatment on the basis of sexual orientation?
British Columbia, Canada
The following excerpt is from J.S. v. C.F., 2005 BCSC 1011 (CanLII):
The second consideration is whether the claimant is subject to differential treatment based on one or more enumerated or analogous grounds. In Egan v. Canada, 1995 CanLII 98 (SCC), [1995] 2 S.C.R. 513, the court held that sexual orientation is a deeply personal characteristic that is either unchangeable or changeable only at unacceptable personal cost, and so falls within the ambit of s. 15 protection as being analogous to the enumerated grounds at ¶ 5.
"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 test for determining whether a plaintiff is entitled to equal treatment in the context of non-pecuniary damages? (British Columbia, Canada)
What is the test for determining whether a plaintiff has been sexually harassed or sexually harassed? (British Columbia, Canada)
What is the test for determining whether a plaintiff is entitled to full compensation for non-pecuniary damages? (British Columbia, Canada)
What is the test for determining whether a plaintiff acted unreasonably by not pursuing a recommended treatment? (British Columbia, Canada)
Is a plaintiff’s mental health impairment a contributory factor in determining whether she is entitled to compensation for cleaning services provided to her client? (British Columbia, Canada)
What is the test for determining whether a plaintiff would have received the recommended treatment? (British Columbia, Canada)
Is a plaintiff’s mental health impairment a contributory factor in determining whether they are entitled to compensation for cleaning services provided to them? (British Columbia, Canada)
What factors will be considered by the courts when determining whether a plaintiff would be entitled to a general rule of common law common law costs under s. 3 of the Rules of Civil Procedure? (British Columbia, Canada)
What is the test for determining whether a plaintiff is entitled to a segregated pecuniary head of damage? (British Columbia, Canada)
What is the legal test for determining whether there has been anordinate delay in determining whether a claim has been successful? (British Columbia, Canada)
