What is the burden of proving a prima facie case of discrimination in a human rights complaint?
Ontario, Canada
The following excerpt is from Schembri v. Metrolinx, 2015 HRTO 468 (CanLII):
The Code establishes that the applicant in a human rights complaint bears the burden of proving a prima facie case of discrimination. A prima facie case of discrimination is one which covers the allegations made and which, if they are believed, is complete and sufficient to justify a finding in the applicant’s favour, even in the absence of an answer from the respondent (see O’Malley v. Simpson-Sears, 1985 CanLII 18 (SCC), [1985] 2 S.C.R. 536 at p. 558).
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