What is the test for establishing discrimination on a balance of probabilities?

The applicant bears the legal onus of establishing discrimination on a balance of probabilities. To successfully establish discrimination, an applicant must prove that it is more probable than not that discrimination occurred. See Peel Law Association v. Pieters, 2013 ONCA 396 at para. 83 (“Pieters”).

Discrimination is not defined in the Code, however, it is found where a protected characteristic, in this case disability, is connected to some form of adverse treatment experienced by the applicant. Where the applicant proves this connection and the respondent is unable to provide an appropriate justification, discrimination will be found to have occurred: Moore v. British Columbia (Education), 2012 SCC 61 (“Moore”).