What is required to establish prima facie discrimination in a hiring context — Does use of a hiring fit criterion constitute discrimination — Evidentiary burden to establish hiring fit criterion produced discriminatory effect for racialized Canadians — Role of doctrine of spoliation when considering whether burden of proof discharged — Standard of review applicable to discrimination analyses in the administrative context on judicial review of a tribunal’s discrimination analysis — When can fresh evidence be considered in the context of a judicial review of administrative proceedings — Appropriate test for considering fresh evidence in the judicial review context. — dismissed 04/20/2023 — Supreme Advocacy acted as agent for the Applicant.
