Is there any evidence to support an inference that a respondent has exploited a person’s disabilities?
British Columbia, Canada
The following excerpt is from Martin v. College of the Rockies, 2019 BCHRT 161 (CanLII):
I accept that, in some cases, the circumstances may support an inference that a respondent has exploited a person’s disabilities: see e.g. Vasil v. Mongovius and another (No. 3), 2009 BCRT 117. However, I am persuaded that there is no evidence, aside from speculation and stereotype about people with mental illness, to support such an inference in this case. The allegation remains in the realm of conjecture, and as such has no reasonable prospect of success.
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