Does a prima facie analysis need to be conducted at a full hearing?

Ontario, Canada


The following excerpt is from Ferrence v. Thames Valley District School Board, 2021 HRTO 48 (CanLII):

As noted in Peel Law Association v. Pieters, 2013 ONCA 396 (“Pieters”), at paras. 82-84, in a case where there has been a full hearing on the merits, the prima facie analysis is not necessarily required. Pieters at para. 83, stated: . . . After a fully contested case, the task of the tribunal is to decide the ultimate issue whether the respondent discriminated against the applicant. After the case is over, whether the applicant has established a prima facie case, an interim question, no longer matters. The question to be decided is whether the applicant has satisfied the legal burden of proof of establishing on a balance of probabilities that the discrimination has occurred.

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