What is the standard of proof for discrimination against a black woman who alleges that her race, colour and/or ethnic origin was a factor in actions taken against her arising out of the incident?
Ontario, Canada
The following excerpt is from B.C. v. Durham Catholic District School Board, 2014 HRTO 42 (CanLII):
The applicant alleges that her race, colour and/or ethnic origin was a factor in the actions taken against her arising out of the April 10, 2008 incident. The applicant bears the onus of establishing discrimination: Ontario (Human Rights Commission v. Simpsons-Sears Ltd., 1985 CanLII 18 (SCC), [1985] 2 S.C.R. 536 at para 28. In establishing discrimination, the ordinary civil standard of proof upon a balance of probabilities applies: Ontario (Human Rights Comm.) v. Etobicoke (Borough), 1982 CanLII 15 (SCC), [1982] 1 S.C.R. 202.
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