What is the burden of proving the elements of a complainant's claim against the Respondent?
British Columbia, Canada
The following excerpt is from Mills v. School District No. 39, 2019 BCHRT 115 (CanLII):
If the complainant is successful in establishing the elements of their case, the burden shifts to the respondent to justify its conduct. If the complainant fails to prove the elements of their case, then there is no breach of the Code: Rai v. Shark Club of Langley (No. 2), 2013 BCHRT 204 at para. 361.
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