Appeal from a judgment overturning decision of BC Human Rights Tribunal to allow a late filed complaint in the public interest

22. July 2014 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human Rights complaints – Discrimination – Judicial review – Application – Premature – Delay – Public interest – Standard of review – Patent unreasonableness British Columbia (Ministry of Public Safety and Solicitor General) v. Mzite, [2014] B.C.J. No. 1122, 2014 BCCA 220, British ...

The plaintiff, a mother of two children, was awarded damages for lost wages and pain and suffering, as well as $20,000 in special compensation by the Human Rights Tribunal after the CNR “recklessly” refused to give her any useful information about how long she would be staying or about housing arrangements following its temporary transfer of her to another community to cover a conductor shortage. She made out a prima facie case of discrimination on the basis of family status since she demonstrated that (i) she was responsible for the care of two children, (ii) a temporary move would disrupt her children’s care, and (iii) CNR did not give her any information about how long she would be staying in Vancouver or about housing arrangements, despite her requests. CNR failed to accommodate her and her need to arrange for childcare to the point of undue hardship by refusing to provide her with the information required to make the arrangements.

24. June 2014 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human rights complaints – Discrimination – Duty to accommodate Canadian National Railway Co. v. Seeley, [2014] F.C.J. No. 452, 2014 FCA 111, Federal Court of Appeal, May 2, 2014, Pelletier, Mainville and Scott JJ.A. In 2010, the Human Rights Tribunal found that CNR ...

On judical review the court found that a failure to interview supervisors, when there is an allegation made against them that they were discriminatory, amounted to a breach of procedural fairness pursuant to the test set out in Slattery v. Canada (Human Rights Commission), (1994) 73 F.T.R. 161.

Administrative law – Decisions of administrative tribunals – Human Rights Commission – Human Rights complaints – Discrimination – Gender – Judicial review – Procedural requirements and fairness – Evidence Tessier v. Nova Scotia (Human Rights Commission), [2014] N.S.J. No. 76, 2014 NSSC 65, Nova Scotia Supreme Court, February 19, 2014, A.J. LeBlanc J. From 1998 ...

The appellant appealed a Chambers Judge’s decision denying her application for judicial review, on the ground that the Chambers Judge refused to adjourn the judicial review application in order for her to obtain a transcript of the hearing before the Human Rights Tribunal. The appeal was dismissed. In fact, no application to adjourn was made to the judge. The judge made a finding of fact that the appellant was advised that she could order a transcript and was told how, but she had not done so. Because a transcript of the Tribunal hearing could be obtained, filing an affidavit setting out the alleged procedural fairness issues was unnecessary and inadmissible. In any event, the judge was satisfied based on the Tribunal’s written reasons that the allegations that the hearing had been unfair were unsustainable and having a transcript would not alter the result of the proceedings before him. There was no error of principle.

25. February 2014 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human rights complaints – Discrimination – Hearings – Fairness – Appeals – Practice and procedure – Adjournment – Judicial review – Procedural requirements and fairness – Evidence Caster v. Walter F. Evans (1973) Ltd., [2013] B.C.J. No. 2741, 2013 BCCA 529, British Columbia ...

Petition for judicial review from decision of Human Rights Tribunal dismissing complaint because it was not filed in time.

24. December 2013 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human Rights – Discrimination – Disability – Motor vehicles – Suspension of driver’s licence – Judicial review – Compliance with legislation – Limitation of actions – Standard of review – Patent unreasonableness Lewis v. British Columbia (Ministry of Public Safety), [2013] B.C.J. No. ...

The Court of Appeal allowed the appeal made by parents of a child with a disability, of a Chambers Judge’s decision quashing an order of the Human Rights Tribunal to refer a human rights complaint to an inquiry. The appeal concerned a human rights complaint brought by the parents of a 10 year old boy who suffered a disability. The complaint arose out of a newly implemented locked door policy at the school that made it more difficult for the boy to enter and leave the school building.

24. September 2013 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Human rights complaints – Discrimination – Disability – Duty to accommodate – Schools – Parental rights – Judicial review – Evidence Holy Trinity Roman Catholic School Division (c.o.b. Ecole St. Margaret School) v. Prisciak, [2013] S.J. No. 501, 2013 SKCA 87, Saskatchewan Court ...

Court of Appeal overturned the decision of a chambers judge and upheld a decision of the BC Human Rights Tribunal awarding a mentally disabled appellant damages for discrimination in tenancy. The appellant had purchased a motor home and the respondent had refused to rent the pad on which the home was located and refused to consent to the vendors’ lease to the appellant.

27. August 2013 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Landlord and tenant – Leases – Human rights complaints – Disability – Discrimination – Judicial review – Privileged communications – Disclosure – Evidence – admissibility – Judicial notice Silver Campsites Ltd. v. James, [2013] B.C.J. No. 1302, 2013 BCCA 292, British Columbia Court ...

The Ontario Superior Court of Justice, Divisional Court, confirmed that employees have an evidentiary onus to prove a prima facie case of discrimination before the burden shifts to the employer to provide a credible and rational explanation that its actions were not discriminatory

Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human rights complaints – Discrimination – Harassment – Disability – Sexual orientation – Hearings – Judicial review – Evidence Walton Enterprises v. Lombardi, [2013] O.J. No. 3306, 2013 ONSC 4218, Ontario Superior Court of Justice, July 11, 2013, A.M. Molloy, K.E. Swinton and ...

The Applicant University sought judicial review of the Saskatchewan Human Rights Commission decision which rejected the University’s application to have Ms. Peng’s complaint dismissed. The Court dismissed the application for judicial review.

Administrative law – Decisions of administrative tribunals – Human Rights Commission – Human Rights – Discrimination – Harassment – Investigations – Labour relations – Universities – Judicial review application – Premature – Estoppel and res judicata – Standard of review – Reasonableness simpliciter University of Saskatchewan v. Peng, [2013] S.J. No. 327, 2013 SKQB 188, ...

The Court of Appeal allowed the appeal by the Coquitlam School District from a decision of a chambers judge on application for judicial review. The Appeal Court found that the chambers judge erred in applying a correctness standard to a decision of the BC Human Rights Tribunal where the tribunal considered the complainant’s mitigation of damages in its award of compensation for wage loss. The Tribunal was under no obligation to apply the common law test for mitigation in determining what amount of compensation to award. The issue of assessing compensation was a discretionary one which attracted a standard of review of patent unreasonableness as prescribed by s.59 of the Administrative Tribunals Act, SBC 2004, c.45.

23. April 2013 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Discretion of tribunal – Human rights complaints – Discrimination – Gender – Remedies – Damages – Duty to mitigate – Judicial review – Standard of review – Correctness – Patent unreasonableness J.J. v. Coquitlam School District No. 43, [2013] B.C.J. No. 542, 2013 ...