Can a complainant's feelings that a respondent's conduct was discriminatory form the basis for an inference of discrimination?
British Columbia, Canada
The following excerpt is from Thejoisworo v. Northern Gold Foods Ltd. and others, 2021 BCHRT 121 (CanLII):
A complainant’s feelings that a respondent’s conduct was discriminatory will not form the basis for an inference of discrimination. The complainant must provide a factual basis for an inference. Without a factual basis, the complainant’s personal belief that they experienced discrimination, no matter how sincere, will only be based on speculation and conjecture: Li v. Options Community Services, 2020 BCHRT 104 at para. 78.
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