Mr. Tsui, an employee of the Respondent, Canada Post, was unsuccessful in bringing an application for judicial review in respect of the Canadian Human Rights Commission’s decision to dismiss his complaint after an initial investigation

26. October 2010 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Human rights complaints – Discrimination – Investigations – Judicial review – Procedural requirements and fairness – Evidence – Standard of review – Correctness Tsui v. Canada Post Corp., [2010] F.C.J. No. 1066, 2010 FC 860, Federal Court, August 30, 2010, O’Keefe J. The ...

An investigation conducted by the Canadian Human Rights Commission did not meet the standard of thoroughness and was remitted back to the Commission for reconsideration

26. October 2010 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Human Rights complaints – Discrimination – Disability – Employment law – Appointment – Judicial review – Investigations – Procedural requirements and fairness – Bias Hughes v. Canada (Attorney General), [2010] F.C.J. No. 1036, 2010 FC 837, Federal Court, August 23, 2010, Mactavish J. ...

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 Applicants successfully brought an application for judicial review of a decision made by the Executive Director of the Human Rights Commission in which the Executive Director dismissed their complaint as being out of time

26. October 2010 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Human Rights complaints – Discrimination – Limitations – Discoverability rule – Judicial review – Standard of review – Reasonableness simpliciter PEI Music and Amusement Operations Association Inc. v. Prince Edward Island, [2010] P.E.I.J. No. 43, 2010 PESC 40, Prince Edward Island Supreme Court, ...

The Appellant employee, Ms. Burgess, unsuccessfully appealed the decision of the Alberta Human Rights Tribunal, which dismissed her complaint against her former employer, Stephen W. Huk Professional Corporation

24. August 2010 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human Rights complaints – Discrimination – Duty to accommodate – Religion – Pregnancy – Judicial review – Standard of review – Correctness – Evidence – Burden of proof – Failure to provide reasons Burgess v. Stephen W. Huk Professional Corp., [2010] A.J. No. ...

The Court quashed a Tribunal decision finding that a representative of the Downtown Vancouver Business Improvement Association (“DVBIA”) had breached confidentiality by making statements to the media after a settlement meeting

27. July 2010 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Practice and procedure – Settlement offers – Confidentiality – Human rights complaints – Discrimination – Judicial review – Privileged communications –  Evidence – Disclosure – Mootness – Standard of review – Correctness Downtown Vancouver Business Improvement Assn. v. Pivot Legal Society, [2010] B.C.J. No. ...

The appeal by a complainant (“Gichuru”) from the dismissal of a judicial review of the summary dismissal of his human rights complaint was allowed in part where the court found that the dismissal of the complaint was reasonable but the finding of improper conduct on the part of Gichuru should not have been made in the circumstances and was patently unreasonable

25. May 2010 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Employment law – Termination of employment – Human rights complaints – Discrimination – Race – Judicial review – No reasonable cause of action – Standard of review – Patent unreasonableness Gichuru v. British Columbia (Workers’ Compensation Appeal Tribunal), [2010] B.C.J. 676, 2010 BCCA ...

The appeal by workers from a decision quashing a Human Rights Tribunal’s decision to proceed with their human rights complaint was allowed where the Court held that the Tribunal’s decision to proceed was discretionary and was not patently unreasonable

27. April 2010 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Workers Compensation Boards – Discretion of tribunal – Workers compensation – Benefits – Policies – Validity and application of policies – Human rights complaints – Disability – Discrimination – Judicial review – Compliance with legislation – Jurisdiction of tribunal – Standard of review ...

The Appellant, Campbell, initiated an unsuccessful human rights complaint on the basis that her employer, the Canada Revenue Agency (“the CRA”), had discriminated against her on the basis of her disability

23. February 2010 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Human rights complaints – Discrimination – Disability – Harassment – Investigations – Judicial review – Procedural requirements and fairness Campbell v. Canada (Attorney General), [2009] F.C.J. No. 1603, 2009 FC 1252, Federal Court, December 8, 2009, Harrington J. Campbell suffered from back pain ...

A housing cooperative (“Lavender”) succeeded in quashing a decision of the B.C. Human Rights Tribunal (“BCHRT”) which had held that Lavender’s One Member Rule discriminated against a widow on the basis of her marital and family status

24. November 2009 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human rights complaints – Discrimination – Marital status – Housing co-operative – Membership – Judicial review – Standard of review – Reasonableness simpliciter – Correctness Lavender Co-Operative Housing Association v. Ford, [2009] B.C.J. No. 2081, British Columbia Supreme Court, October 21, 2009, V. ...