An application for judicial review on a preliminary issue is rarely appropriate, and in the circumstances of this case the Government of British Columbia’s application for judicial review of a preliminary ruling rendered by the Human Rights Tribunal was premature

26. October 2010 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human Rights complaints – Discrimination – Services – Customarily available to the public – Charter of Rights and Freedoms – Judicial review application – Premature British Columbia (Ministry of Attorney General) v. New Denver Survivors Collective, [2010] B.C.J. No. 1754, 2010 BCSC 1252, ...

The Court dismissed an appeal from a judicial review decision which had held that the British Columbia Human Rights Tribunal had erred when it found that it had jurisdiction to hear the complaint of some female members of a private golf club who were excluded from the men’s lounge. The Court found that the services provided in the men’s lounge were not customarily available to the public and therefore, s.8 of the Human Rights Code did not apply and the Tribunal did not have jurisdiction to hear the complaint.

27. February 2007 0
Administrative law – Human Rights Complaints – Discrimination – Gender – Sexual orientation – Customarily available to the public – Compliance with legislation – Decisions of administrative tribunals – Human Rights Tribunal – Jurisdiction to hear a complaint – Judicial review – Standard of review – Correctness Marine Drive Golf Club v. Buntain, [2007] B.C.J. No. 37, British ...

The court held that the B.C. Human Rights Tribunal was without jurisdiction over a complaint arising from the exclusion of women members from the Men’s Lounge at the Marine Drive Golf Club as the Men’s Lounge was not an “accommodations, service or facility customarily available to the public”

27. December 2005 0
Administrative law – Human rights complaints – Discrimination – Gender – Private clubs – Customarily available to the public – Definition – Decisions of administrative tribunals – Human Rights Tribunal – Jurisdiction – Judicial review – Compliance with legislation – Standard of review – Correctness Marine Drive Golf Club v. Buntain, [2005] B.C.J. No. 2181, British Columbia Supreme Court, ...