What is the burden of establishing a prima facie case under s. 27(1)(c)?
British Columbia, Canada
The following excerpt is from Choi and another v. Behrend and others, 2013 BCHRT 23 (CanLII):
On an application under s. 27(1)(c), the burden is not on the complainants to establish a prima facie case on these three elements with respect to the ground of discrimination identified in the complaint. Rather, the burden is on the respondents to show that the complainants have no reasonable prospect of success in establishing one or more of those elements: Stonehouse v. Elk Valley Coal (No. 2), 2007 BCHRT 305.
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