The Association des parents de l’école Rose-des-vents (the “Association”) succeeded on its appeal from the judgment of the British Columbia Court of Appeal which had set aside the chambers judge’s order striking certain paragraphs of pleadings filed by the Minister of Education and the Attorney General for British Columbia. In addition, they were successful in restoring the declaration that educational services made available to the students at Rose-des-vents (“RDV”) were not equivalent to the facilities available to majority language students in the same area.

23. June 2015 0
Administrative law – Schools and school boards – Funding – Facilities – Parental rights – Discrimination – Charter of Rights and Freedoms – Equality rights – Minority rights – Language rights – Remedies – Declaratory relief Association des parents de l’école Rose-des-vents v. British Columbia (Education), [2015] S.C.J. No. 21, 2015 SCC 21, Supreme Court ...

Howard Johnson Inn (“Howard Johnson”) and their employee John Pontes (“Pontes”) were unsuccessful in appealing a Saskatchewan Human Rights Tribunal (the “Tribunal”) finding that they had discriminated against a First Nations man (“Tataquason”)

22. November 2011 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human rights complaints – Discrimination – Race – Charter of Rights and Freedoms – Equality rights – Judicial review – Bias – Compliance with legislation Howard Johnson Inn v. Saskatchewan Human Rights Tribunal, [2011] S.J. No. 599, 2011 SKCA 110, Saskatchewan Court of ...

An Application for judicial review of a decision of the Human Rights Commission of Newfoundland to dismiss the complaint without a hearing was dismissed as there was no information arising from the investigation of the complaint which warranted sending the matter to a full inquiry. The investigation by the Commission was impartial and both parties had full opportunity to put forward their cases.

28. March 2006 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Discrimination – Equality rights – Judicial review – Investigations – Procedural requirements and fairness – Evidence – Standard of review – Reasonableness simpliciter Francis v. CHC Composites Inc., [2006] N.J. No. 8, Newfoundland and Labrador Supreme Court – Trial Division, January 13, 2006, W.G. ...

The Court set aside, in part, the Human Rights Tribunal’s decision not to dismiss the Complainant’s human rights complaint. The Court also set aside the Tribunal’s order for disclosure of certain documents.

28. March 2006 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human rights complaints – Discrimination – Gender – Equality rights – Judicial review – Legislative compliance – Disclosure – Relevance of information disclosed – Standard of review – Patent unreasonableness – Correctness Cariboo Chevrolet Pontiac Buick GMC Ltd. v. Becker, [2006] B.C.J. No. 119, British ...

Workers Compensation Act, R.S.B.C. 1996, c. 492 provisions granting spousal benefits for life to widowed parents 40 years of age or older when their children cease dependency but denying pension benefits to widowed parents under 40 years of age when their children cease dependency are discriminatory on the basis of age and therefore contrary to section 15 of the Canadian Charter of Rights and Freedoms

27. August 2002 0
Administrative law – Workers compensation – Benefits – Charter of Rights – Discrimination – Equality rights Burnett v. British Columbia (Worker’s Compensation Board), [2002] B.C.J. No. 1738, British Columbia Supreme Court, July 25, 2002, Holmes J. The Petitioner’s spouse was killed in a work-related accident when she was 32 years old with one dependent child aged ...