The Court restored the Canadian Transportation Agency’s decision to order Via to implement remedial measures with respect to certain of its railway cars that were inaccessible to persons with disabilities using personal wheelchairs. The Agency had approached and applied its mandate reasonably and its decision was entitled to extreme deference. Via’s right to procedural fairness had not been breached.

24. April 2007 0
Administrative law – Decisions of administrative tribunals – Canadian Transportation Agency – Accessibility standards – Human rights complaints – Disability – Judicial review – Compliance with legislation – Jurisdiction – Procedural requirements and fairness – Standard of review – Patent unreasonableness Council of Canadians with Disabilities v. Via Rail Canada Inc., [2007] S.C.J. No. 15, Supreme Court ...

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, ...

The Applicant had filed a complaint with the Respondent Human Rights Commission against the Ministry of Municipal Affairs and Housing, in respect of the Ministry’s failure to include a requirement in the Building Code that theatres be equipped with rear window caption boards for the benefit of the hearing impaired. The Commission decided not to refer the complaint to the Human Rights Tribunal. The Court dismissed this application for judicial review of the Commission’s decision, finding that it was reasonable.

27. February 2007 0
Administrative law – Human Rights complaints – Discrimination – Disability – Decisions of administrative tribunals – Human Rights Tribunal – Regulatory powers of tribunals – Judicial review – Standard of review – Patent unreasonableness Malkowski v. Ontario (Human Rights Commission), [2006] O.J. No. 5140, Ontario Superior Court of Justice, December 11, 2006, G.D. Lane, J.D. Ground and ...

The Petitioner sought an order quashing a decision of the Respondent, the British Columbia Human Rights Tribunal (“BCHRT”), dismissing her human rights complaint against the Respondent, the University of Victoria (the “University”). The Court held that the appropriate standard of review is patent unreasonableness. The Court concluded that the Petitioner failed to establish a basis for quashing the BCHRT decision, and dismissed the application.

28. November 2006 0
Administrative law – Universities – Students – Duty to accommodate – Decisions of administrative tribunals – Human Rights Tribunal – Human rights complaints – Discrimination – Disability – Judicial review – Limitations – Compliance with legislation – Standard of review – Patent unreasonableness Callaghan v. University of Victoria, [2006] B.C.J. No. 2668, British Columbia Supreme Court, October 11, ...

VIA Rail succeeded in appealing a finding of the Canadian Transport Agency (the “Agency”) that the VIA Rail meal distribution policy constituted an undue obstacle to the mobility of a passenger who used an electric wheelchair (“Sikand”)

28. March 2006 0
Administrative law – Human rights complaints – Discrimination – Disability – Decisions of administrative tribunals – Canadian Transportation Agency – Obstacle to the mobility of a passenger – Discrimination – Judicial review – Jurisdiction of tribunal – Statutory interpretation – Compliance with legislation – Standard of review – Correctness Via Rail Canada Inc. v. Canada (Canadian Transportation ...

The mother of a deceased disabled adult was unsuccessful in her appeal from a decision that the Human Rights Tribunal had no jurisdiction to continue to entertain the Human Rights complaint made on behalf of the disabled adult son where he had died before a hearing could be held

24. January 2006 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human rights complaints – Discrimination – Disability – Judicial review – Jurisdiction of tribunal – Parties – death of a party British Columbia v. Goodwin, [2005] B.C.J. No. 2593, British Columbia Court of Appeal, December 1, 2005, Hall, Low and Lowry JJ.A. Ms. Gregoire filed a ...

On judicial review of a decision of the British Columbia Human Rights Tribunal, the court held that the Tribunal was within its statutory jurisdiction in making the damage awards it did and it did not err in finding liability for discrimination on the facts before it

27. December 2005 0
Administrative law – Human rights complaints – Discrimination – Disability – Remedies – Certiorari – Damages – Decisions of administrative tribunals – Human Rights Tribunal – Judicial review – Jurisdiction – Crown immunity – Standard of review – Patent unreasonableness British Columbia v. Bolster, [2005] B.C.J. No. 2365, British Columbia Supreme Court, October 27, 2005, Parrett J. The Province ...

Losenno’s appeal from the dismissal of his application for judicial review of a Human Rights Commission decision not to refer Losenno’s complaint about his former employer to a Board of Inquiry was dismissed where the court found the Commission’s decision was not patently unreasonable

27. December 2005 0
Administrative law – Human rights complaints – Discrimination – Disability – Decisions of administrative tribunals – Human Rights Commission – Jurisdiction – Settlement offers – Effect of – Refusal to refer to Board of Inquiry – Judicial review – Compliance with legislation – Standard of review – Patent unreasonableness Losenno v. Ontario (Human Rights Commission), [2005] O.J. No. ...

The Court dismissed the Province’s petition for judicial review of a decision of the British Columbia Human Rights Tribunal (the “Tribunal”) that the Province discriminated against the Respondents, Ms. Hutchinson and her father, Mr. Hutchinson, on the basis of physical disability and family status in the manner in which it was applying its Choices in Support for Independent Living (“CSIL”) policy which included a blanket prohibition against hiring family members. The Court upheld the Tribunal’s finding that a prima facie case of discrimination had been established against the Province and upheld the Tribunal’s order of monetary compensation of $105,850 to Mr. Hutchinson for lost opportunity for employment.

27. December 2005 0
Administrative law – Human rights complaints – Discrimination – Disability – Family members as care givers – Decisions of administrative tribunals – Human Rights Tribunal – Judicial review – Standard of review – Correctness – Patent unreasonableness – Jurisdiction of tribunal – Damages British Columbia v. Hutchinson, [2005] B.C.J. No. 2270, British Columbia Supreme Court, October 12, 2005, Cullen ...

Garvey’s appeal from the decision of the Federal Court dismissing his application for judicial review of the dismissal of his human rights complaint by the Canadian Human Rights Commission was dismissed where the court found that Garvey had never requested accommodation from his employer for his alleged disability

27. December 2005 0
Administrative law – Human rights complaints – Discrimination – Disability – Duty to request accommodation – Decisions of administrative tribunals – Human Rights Commission – Judicial review – Standard of review – Reasonableness simpliciter Garvey v. Meyers Transport Ltd., [2005] F.C.J. No. 1684, Federal Court of Appeal, October 13, 2005, Desjardins, Evans and Sharlow JJ.A. Garvey was ...