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Motion to dismiss human rights application denied; applicant established prima facie case of racial discrimination.
The respondent school board brought a motion to dismiss an application alleging racial discrimination in a hiring process, arguing it failed to set out a prima facie case.
The Tribunal found that the applicant had surpassed the low threshold for establishing a prima facie case on the face of his complaint, which shifted the evidentiary burden to the respondent.
The Tribunal also denied the respondent's request to strike paragraphs from the applicant's statement of additional facts, accepting that they were intended as circumstantial evidence rather than new allegations.
The respondent's motions were denied and the matter was directed to proceed to a hearing on the merits.
