What is the burden of proving a prima facie case of discrimination in a human rights case?
Ontario, Canada
The following excerpt is from Peel Law Association v. Pieters, 2012 ONSC 1048 (CanLII):
The Code establishes that the complainant in a human rights complaint bears the burden of proving a prima facie case of discrimination. A prima facie case of discrimination “is one which covers the allegations made and which, if they are believed, is complete and sufficient to justify a verdict in the complainant’s favour, in the absence of an answer from the respondent.” (O’Malley v. Simpson-Sears, 1985 CanLII 18 (SCC), [1985] 2 S.C.R. 536, at p. 558).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the burden of proving a prima facie case of discrimination in a human rights complaint? (Ontario, Canada)
If an applicant makes out a prima facie case of discrimination, does the evidentiary burden shift to provide a rational explanation which is not discriminatory? (Ontario, Canada)
How has the Human Rights Tribunal treated discrimination in the context of human dignity, feelings and self respect? (Ontario, Canada)
What is an employer's obligation under section 5 of the Human Rights Code to ensure that an employee's right to equal treatment in employment without discrimination or harassment is not infringed? (Ontario, Canada)
What is the test for establishing a permissive prima facie case in a sexual assault case? (Ontario, Canada)
What is the test for establishing a prima facie case at a summary hearing? (Ontario, Canada)
What is the test for discrimination under s. 15(1) of the BC Human Rights Code? (Ontario, Canada)
Does a joint tenant have a prima facie right to sale prior to trial? (Ontario, Canada)
Can an accused waive his or her rights under s. 11(b) of the Canadian Human Rights Code? (Ontario, Canada)
What is the burden of proving causation in a motor vehicle accident case? (Ontario, Canada)
