What is the burden of establishing, on a balance of probabilities, the elements of section 15 discrimination?
Canada (Federal), Canada
The following excerpt is from Toussaint v. Canada (Minister of Citizenship and Immigration), 2009 FC 873 (CanLII), [2010] 3 FCR 452:
The applicant bears the burden of establishing, on a balance of probabilities, the elements of section 15 discrimination (see Miron v. Trudel, 1995 CanLII 97 (SCC), [1995] 2 S.C.R. 418, at paragraph 36).
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