What is the evidentiary burden of proving a claim of discrimination?
Ontario, Canada
The following excerpt is from Mangal v. Molson Toronto Brewery, 2011 HRTO 575 (CanLII):
The initial evidentiary burden is on the applicant to establish that, on a balance of probabilities, a prima facie case of discrimination exists. See Ontario Human Rights Commission v. Simpsons-Sears, 1985 CanLII 18 (SCC), [1985] 2 S.C.R. 536; 1985 CanLII 18. Upon the presentation of a prima facie case, the burden shifts to the respondent to provide a credible and rational explanation demonstrating, on a balance of probabilities, that its actions were not discriminatory.
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