What is the test for discrimination in the BC Human Rights Code?
Ontario, Canada
The following excerpt is from Despres v. The Crossbar Inc., 2015 HRTO 1624 (CanLII):
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”).
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