Peel Law Association v. Pieters
Peel Law Association v. Pieters: Discrimination Test Clarified
Summary
This is a judicial review of a Human Rights Tribunal decision concerning allegations of discrimination based on race and colour. The Court of Appeal clarified the test for prima facie discrimination, rejecting the Divisional Court's requirement for a strict 'causal nexus' and confirming the Tribunal's proper application of the evidential burden shift. The court also addressed the Tribunal's use of social science evidence and its analysis of material evidence.
Outcome
appeal dismissed
Key Factors
- prima facie discrimination
- Human Rights Code
- judicial review
- burden of proof
- social science evidence
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