Is differential treatment based upon an enumerated ground?

British Columbia, Canada


The following excerpt is from Burnett v. British Columbia (Workers’ Compensation Board), 2002 BCSC 1112 (CanLII):

Law v. Canada was found to be one of the rare cases where differential treatment based upon an enumerated ground was not discriminating. [Law v. Canada, supra, at para. 110].

What supports the finding of a non-discriminatory distinction between groups in Law v. Canada is that it was based on an informed generalization. The legislative distinction between groups in Law v. Canada therefore took into account actual needs, characteristics and circumstances of the parties subject to differential treatment.

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