What is the standard of proof in discrimination cases?
Ontario, Canada
The following excerpt is from Ahmed v. Jirah Networks Inc., 2013 HRTO 1786 (CanLII):
The applicant bears the onus of establishing a prima facie case of discrimination: Ontario (Human Rights Commission v. Simpsons-Sears Ltd. (“O’Malley”), 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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