I issued a Case Assessment Direction on February 15, 2013 to provide further guidance to the parties: For the parties’ assistance the question to be addressed at this stage is whether there is evidence which I have heard or which reasonably might be heard from the remaining identified witnesses that is sufficient to establish on a balance of probabilities that the applicant experienced discrimination in either or both of these job competitions. To be successful the applicant must point to evidence that I have heard or which might be forthcoming from the identified witnesses of the respondent from which an inference might be drawn that discriminatory factors were at play in the decision making of the respondent in these job competitions. See Dabic v. Windsor Police Service, 2010 HRTO 1994.
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