What is the test for alleging discrimination in a job application?

Ontario, Canada


The following excerpt is from Harrypersad v. Peel District School Board, 2013 HRTO 985 (CanLII):

I issued a Case Assessment Direction on February 15, 2013 to provide further guidance to the parties: For the parties’ assistance the question to be addressed at this stage is whether there is evidence which I have heard or which reasonably might be heard from the remaining identified witnesses that is sufficient to establish on a balance of probabilities that the applicant experienced discrimination in either or both of these job competitions. To be successful the applicant must point to evidence that I have heard or which might be forthcoming from the identified witnesses of the respondent from which an inference might be drawn that discriminatory factors were at play in the decision making of the respondent in these job competitions. See Dabic v. Windsor Police Service, 2010 HRTO 1994.

Other Questions


Is there any case law relating to an accident benefit application where a delay in submitting the Application due to a personal relationship preventing the Applicant from making an application? (Ontario, Canada)
What is the test for adding a new allegation to an application to add to the list of allegations against the respondent? (Ontario, Canada)
On the ground of urgency, in what circumstances will the applicant continue with her application for leave to continue with the application? (Ontario, Canada)
How have the courts dealt with an application where the applicant's disrespectful behaviour was so extreme that the application was dismissed as abuse of process? (Ontario, Canada)
Is it an abuse of process for an applicant to seek to raise allegations that were the subject of a settlement agreement? (Ontario, Canada)
What is the difference between allegations of reprisal and allegations of mistreating? (Ontario, Canada)
What is the case law in favour of adducing additional evidence at the application stage of the application? (Ontario, Canada)
What are the applicable principles on a motion for exclusion order on the basis of alleged intimidation? (Ontario, Canada)
What are the allegations relating to disability and demotion made in an application for a long-term disability? (Ontario, Canada)
What is the limitation period for an application to appeal against a denial of a licence application? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.