What is the test for adverse treatment in the construction of a new front porch?

Ontario, Canada


The following excerpt is from Clerebout v. Soulliere Solutions, 2014 HRTO 203 (CanLII):

If I am wrong in making this finding, there is an issue in this case as to whether the applicants have experienced adverse treatment relating to the construction of a new front porch. The applicants have a new concrete porch that they were not charged for. They have not had the wall tarred because they do not know if it is necessary. They also had the wall caulked which the worker advised was better than tarring. The applicants now believe it may not be necessary to tar the wall because it may be the windows that are leaking. In the absence of adverse treatment, the discrimination claim fails. See Grills v. Procter and Gamble Inc., 2013 HRTO 371 at paragraph 28.

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