What is the evidentiary burden of proving accommodation for a person with a disability?
Ontario, Canada
The following excerpt is from Harriott v. Conavi Medical Inc., 2018 HRTO 613 (CanLII):
With respect to the issue of accommodation, where as in this case the parties have agreed that the applicant has a disability which required accommodation, the evidentiary burden shifts to the respondent to show that it accommodated the applicant’s disability to the point of undue hardship. However, the onus of proving discrimination remains on the applicant. See Peel Law Association v. Pieters, 2013 ONCA 396 at paras. 68-74.
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