What is the test for section 15(1) of the BC Anti-Discrimination Act?

Nova Scotia, Canada


The following excerpt is from Jackson Estate v. Young, 2020 NSSC 5 (CanLII):

Section 15(1) is an anti-discrimination provision. In Andrews v. Law Society of British Columbia, 1989 CanLII 2 (SCC), [1989] 1 S.C.R. 143, at p. 171, McIntyre J. described the purpose of s. 15: It is clear that the purpose of s. 15 is to ensure equality in the formulation and application of the law. The promotion of equality entails the promotion of a society in which all are secure in the knowledge that they are recognized at law as human beings equally deserving of concern, respect and consideration.

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