What is the burden on a plaintiff to establish a prima facie case on each ground of discrimination under s. 27(1)(c)?
British Columbia, Canada
The following excerpt is from Guiguet v. N.R.I. Distribution and others, 2012 BCHRT 191 (CanLII):
On an application under s. 27(1)(c), the burden is not on her to establish a prima facie case on these three elements with respect to each ground of discrimination. Rather, the burden is on the respondents to show that she has no reasonable prospect of success in establishing one or more of them: Stonehouse v. Elk Valley Coal (No. 2), 2007 BCHRT 305.
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