What is the test for a finding of breach of the prohibited ground of discrimination?
British Columbia, Canada
The following excerpt is from Kenworthy v. Brewers’ Distributor and another, 2014 BCHRT 237 (CanLII):
A failure to take into account the complete lack of any particulars in a case results in a conclusion based on speculation, rather than allegations of fact (See: Goddard, para. 143). Further, bare allegations are not sufficient to take the case out of the “realm of conjecture.” The facts alleged must be capable of supporting a reasonable inference that the bad treatment was related to the prohibited ground of discrimination (See: Schnurr v. Douglas College, 2007 BCHRT 40, aff’d 2008 BCSC 1799, 2008 BCSC 1799). Particulars of the claim have been set out in the complaint. This is not a case of a complete lack of any particulars, but there are deficiencies. However, for the purposes of this decision, I am satisfied that there are sufficient particulars to allege a continuing contravention. Specifics and the time frames of the allegations must be proven by the complainant at a later time.
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