The Petitioner painter appealed a BC Human Rights Tribunal decision wherein she successfully proved discrimination on the part of her employer, the Respondent school district. The appeal related to certain remedies not ordered by the Tribunal. The Court allowed the appeal in part and ordered the Tribunal to reconsider the quantum of damages relating to the Petitioner’s lost wages.

22. May 2012 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Employment law – Remuneration – Remedies – Damages – Human rights complaints – Sexual harassment – Judicial review – Standard of review – Correctness J.J. v. School District No. 43 (Coquitlam), [2012] B.C.J. No. 710, 2012 BCSC 523, British Columbia Supreme Court, April 12, 2012, P.D. ...

A landlord (Fok) was unsuccessful on judicial review of a decision of a dispute resolution officer under the Residential Tenancy Act, which had ordered the landlords to pay compensation to their former tenants for missing jewellery, and had denied the landlords’ claim for losses associated with repair, garbage disposal and cleaning, and found against them as to whether they had a legal right to change the locks and to retake actual possession of the rental unit

28. December 2010 0
Administrative law – Decisions of administrative tribunals – Residential Tenancy office – Landlord and tenant – Residential tenancy agreements – Conduct of tenant – Termination – Tenant’s goods – Damages – Judicial review – Evidence – Jurisdiction – Standard of review – Patent unreasonableness – Test Fok v. British Columbia (Residential Tenancy Act, Dispute Resolution ...

The court awarded damages for mental distress after a student was unfairly expelled from a private school in Calgary

26. October 2010 0
Administrative law – Decisions of administrative tribunals – School boards – Expulsion of students – Judicial review – Procedural requirements and fairness – Natural justice – Evidence – Remedies – Damages – Mental distress J.O. v. Strathcona – Tweedsmuir School, [2010] A.J. No. 994, 2010 ABQB 559, Alberta Court of Queen’s Bench, September 2, 2010, ...

The court dismissed the plaintiff’s claim for damages, which rested on an alleged breach of the principles of natural justice, arising because the defendant village had effected a cleanup of the plaintiff’s property

24. August 2010 0
Administrative law – Decisions of administrative tribunals – Municipal councils – Municipalities – Unsightly premises – Orders – Judicial review – Compliance with legislation – Natural justice – Notice – Procedural requirements and fairness – Damages Antonenko v. White Fox (Village), [2010] S.J. No. 342, 2010 SKQB 213, Saskatchewan Court of Queen’s Bench, June 16, ...

The court dismissed the petitioner’s application for failure to establish that the dispute resolution officer’s (“the DRO”) decisions should be quashed. The court found that the DRO set out the findings of facts and principal evidence in its decisions and that the decisions were not patently unreasonable. Accordingly, the respondents were entitled to general damages, damages for loss of property and aggravated damages.

27. July 2010 0
Administrative law – Decisions of administrative tribunals – Residential Tenancy office – Landlord and tenant – Residential tenancy agreements – Vacation notices – Damages – Aggravated damages – Judicial review – Evidence – Compliance with legislation – Standard of review – Patent unreasonableness Sahota v. British Columbia (Residential Tenancy Act, Dispute Resolution Officer), [2010] B.C.J. ...

The Court granted a petition for judicial review of a decision of the Residential Tenancy Branch, which had ordered the Respondent landlord to pay $1,500 in damages to his former tenant, the petitioner. The petitioner had complained that his landlord had unlawfully disposed of his personal possessions while he was away from his apartment. The statutory obligations of the landlord under section 25(1) of the Residential Tenancy Act, in relation to abandoned goods, did not apply to the facts. The dispute resolution officer’s decision to award damages based on the irrelevant consideration of non-existent statutory breaches by the landlord, without considering the tenant’s rights as a bailor at common law, was patently unreasonable.

26. January 2010 0
Administrative law – Decisions of administrative tribunals – Residential Tenancy office – Landlord and tenant – Residential tenancy agreements – Termination – Tenant’s goods – Bailee – Damages – Judicial review – Compliance with legislation Bello v. Ren, [2009] B.C.J. No. 2323, 2009 BCSC 1598, British Columbia Supreme Court, November 23, 2009, L. Fenlon J. ...

A cardiologist (“Dr. Rosenhek”) was successful in establishing an entitlement to damages arising out of a denial of natural justice in the revocation of his hospital privileges

22. January 2008 0
Administrative law – Decisions of administrative tribunals – Hospital Appeal Board – Hearings – Conduct of hearings – Hearing de novo – Physicians and surgeons – Hospital privileges – Judicial review – Procedural requirements and fairness – Natural justice – Evidence – Damages Rosenhek v. Windsor Regional Hospital, [2007] O.J. No. 4486, Ontario Superior Court ...

The Human Rights Tribunal had found that the Petitioners had discriminated against the Respondent by refusing him taxi service based on his physical disability. The reviewing court upheld the finding of discrimination as reasonable, but set aside the monetary penalty, as the Petitioners had not been accorded a right to respond on the issue of remedy.

28. August 2007 0
Administrative law – Human rights complaints – Discrimination – Disability – Decisions of administrative tribunals – Human Rights Tribunal – Judicial review – Natural justice – Damages – Remedies Foglia v. Edwards, [2007] B.C.J. No. 1301, British Columbia Supreme Court, June 14, 2007, McEwan J. The Respondent had filed a complaint alleging discrimination against the Petitioners on the basis ...

A party wishing to bring an action for damages arising out of a hospital privileges issue must first proceed by way of a statutory route to establish the basis for sustaining the claim in damages. To permit Applicants to commence actions for damages on a hospital privileges issue without following the statutory process, would result in a system whereby a dissatisfied party would be able to bypass the specialised tribunal, a result that is not permitted under the Act.

27. March 2007 0
Administrative law – Physicians and surgeons – Hospital privileges – Damages – Statutory provisions – Decisions of administrative tribunals – Appeal process – Compliance with legislation – Jurisdiction of court Beiko v. Hotel Dieu Hospital St. Catharines, [2007] O.J. No. 331, Ontario Superior Court of Justice, January 26, 2006, G.B. Morawetz J. The Plaintiffs brought an ...

The Province may be ordered to pay compensation under the Human rights legislation to a person who has been found to have been discriminated against by a government employee exercising statutory authority. The Court held that s.69 of the Administrative Tribunals Act (the “Act”) applied to all judicial review proceedings decisions of the British Columbia Human Rights Tribunal heard by the Court after October 15, 2004.

27. March 2007 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human rights complaints – Discrimination – Disability – Motor vehicles – Suspension of driver’s licence – Judicial review – Jurisdiction – Compliance with legislation – Continuing contravention – Damages – Crown immunity – Standard of review – Correctness British Columbia v. Bolster, [2007] B.C.J. No. 192, ...