What is the test for alleging continuing discrimination at a disability tribunal?
British Columbia, Canada
The following excerpt is from The Parent obo the Child v. The School District, 2016 BCHRT 89 (CanLII):
The Tribunal in Dove v. GVRD and others (No. 3), supra, has previously said that complaints alleging continuing contraventions may fall into two broad categories: On the one hand, there is the kind of case in which there are allegations of repeated harassment or discrimination. Provided that the allegations are sufficiently similar in character and occur with sufficient frequency, a continuing contravention may be established. … On the other, there is the kind of case in which there is an ongoing state of affairs, for example, a public building which is inaccessible to wheelchair users or a policy withholding certain employment benefits for married persons from those in same sex relationships. … So long as the building remains inaccessible, the policy remains in place, or the discriminatory conditions otherwise continue to exist, the discrimination is ongoing and a continuing contravention may be alleged.
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