How can an inference of discrimination be drawn when it is more probable from the evidence than the actual explanations offered by the respondent?
Nova Scotia, Canada
The following excerpt is from Nova Scotia (Environment) v. Wakeham (No. 3), 2017 CanLII 149977 (NS HRC):
An inference of discrimination can be drawn when it is more probable from the evidence than the actual explanations offered by the respondent. To be persuasive, a respondent’s explanation must be "credible on all the evidence": Shaw v. Phipps, 2012 ONCA 155 [75 C.H.R.R. D/246] at para. 13.
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