What is the test for proving a claim of discrimination on the basis of family status?

Ontario, Canada


The following excerpt is from Misetich v. Value Village Stores Inc., 2014 HRTO 1691 (CanLII):

In order to prove a case of discrimination on the basis of family status, the applicant must establish, in part, that her eldercare responsibilities engage a legal responsibility, and not a personal choice. The applicant must also show that she made reasonable efforts to meet her eldercare responsibilities through reasonable alternative solutions, and no other solution was available. In light of these requirements, any documents regarding the applicant’s mother’s ability to care for herself and the applicant’s attempts to locate alternative care for her mother, are arguably relevant and must be produced. See Wing v. Niagara Falls Hydro Holding Corporation, 2014 HRTO 1472.

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