What is the test for determining whether discrimination was a factor in the dismissal of an employee?
New Brunswick, Canada
The following excerpt is from Price v. Fredericton (City), 2004 CanLII 66255 (NB LEB):
49. The Ontario High Court of Justice rendered a decision whereby it dealt with the general principle that discrimination need only be a factor in the mind of a discriminating party and not necessarily the main reason for the action. In this decision, Mr. Justice Hughes, speaking for the Ontario High Court of Justice stated as follows: “[It is sufficient] if the evidence satisfies [the Court] beyond a reasonable doubt the [the discriminatory factor] was present to the mind of the employer in his decision to dismiss, either as a main reason or one incidental to it, or as one of many reasons regardless of priority . . . ” Regina v. Bushnell Communications Ltd., et al., (1974), 45 D.L.R. (3d) at page 218.
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