Does a claimant have to prove every element of s. 15(1) of the Employment and Human Rights Code?

Ontario, Canada


The following excerpt is from Chartered Professional Accountants of Ontario v. Gujral, 2019 ONCJ 859 (CanLII):

Moreover, while the courts generally require evidentiary support for a claim of discrimination, as a practical matter, the claimant does not have to adduce evidence to prove every element of the analysis: Law v. Canada (Minister of Employment and Immigration), at para. 82. Nor does the claimant have to adduce data or other sophisticated social science evidence not generally available in order to establish an infringement of s. 15(1); where appropriate, the courts may rely on judicial notice or logic: Law v. Canada (Minister of Employment and Immigration), at para. 77.

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