What is the burden of proving on a balance of probabilities that the applicant was suffering from a disability in May 2013?
Ontario, Canada
The following excerpt is from Bastien v. York University, 2016 HRTO 11 (CanLII):
The applicant bears the onus of proving on a balance of probabilities that he was afflicted by a disability in May 2013 when he sought accommodation and that he required accommodation for his disability. See: Tang v. McMaster University, 2014 HRTO 92 and the Reconsideration Decision, 2015 HRTO 551.
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