The onus is on the complainant to prove discrimination on a balance of probabilities. The analysis begins with a prima facie case, with each step proven by the complainant on the balance of probabilities. The respondent may then call evidence to dispute that the sexual harassment ever occurred. As more fully discussed below, I am satisfied that the complainant has established prima facie discrimination demonstrating that she suffered adverse effect, and her gender was a factor in the adverse effect she experienced. However, that being said I also appreciate the approach taken in Peel Law Association v. Pieters:
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