Is there a distinction between the comparative approach and the traditional approach?

British Columbia, Canada


The following excerpt is from Federated Anti-Poverty Groups of BC v. Vancouver (City), 2002 BCSC 105 (CanLII):

In order to conduct the necessary analysis to determine whether there is a distinction, Iacobucci J., in Law v. Canada, supra, commented upon the development of the comparative approach. He observed at para. 56 that “[u]ltimately, a court must identify differential treatment as compared to one or more other persons or groups.” He further observed that it is generally the claimant who selects the person or group with whom he or she wishes to be compared.

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