What is the burden on a complainant to establish a prima facie case of discrimination under s. 27(1)(c)?
British Columbia, Canada
The following excerpt is from O’Hara v. University of Northern British Columbia and another, 2017 BCHRT 7 (CanLII):
On an application to dismiss under s. 27(1)(c), the burden is not on the complainant to establish a prima facie case of discrimination on this basis, but rather on the respondent to show that he has no reasonable prospect in doing so: Stonehouse v. Elk Valley Coal (No. 2), 2007 BCHRT 305.
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