What is the burden of proving a case of discrimination under the BC Human Rights Code?
British Columbia, Canada
The following excerpt is from Jurado v. J-W Research and another (No. 2), 2019 BCHRT 39 (CanLII):
A complainant is required to prove a case of discrimination on a balance of probabilities. If the complainant is successful in establishing a case of discrimination, the burden shifts to the respondent to justify its conduct. If the complainant fails to prove a case of discrimination, then there is no breach of the Code: Rai v. Shark Club of Langley (No. 2), 2013 BCHRT 204 at para. 361.
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