BC Supreme Court finds Human Rights Tribunal’s decision that failed to establish nexus between employee’s termination and alleged sexual discrimination was not patently unreasonable

20. March 2017 0
BC Supreme Court dismissed petition for judicial review in respect of Human Rights Tribunal’s decision to summarily dismiss a complaint of sexual discrimination on the basis that the alleged contraventions occurred more than six months before the complaint was filed. Administrative law – Decisions of administrative tribunals – Discrimination – Employment law – Human rights ...

The Applicant applied for Judicial Review of the denial of his grievance to Correctional Service Canada in cancelling sexually explicit television channels

23. October 2015 0
Judicial review from decision of Correctional Service Canada denying grievance over cancellation of television channels containing sexually explicit content. Administrative law – Charter of Rights and Freedoms – Decisions of administrative tribunals – Freedom of expression – Grievances – Judicial Review – Prison Commissioner – Prisons – Procedural requirements and fairness – Sexual harassment Naraine ...

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. ...

The Court set aside and remitted back to a re-hearing the decision of British Columbia Human Rights Tribunal which had found that sexual harassment constituted discrimination based on sex

27. September 2011 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human rights complaints – Discrimination – Sexual harassment – Judicial review – Standard of review – Correctness – Compliance with legislation Friedmann v. MacGarvie, 2011 BCSC 1147, [2011] B.C.J. No. 1613, British Columbia Supreme Court, August 24, 2011, L.W. Bernard J. For approximately ...

An appeal by an employer (“HJI”) from the decision of the Saskatchewan Human Rights Tribunal (the “Tribunal”) which held that HJI had discriminated against the female complainant on the basis of her sex was dismissed where the Court found that the conclusions reached by the Tribunal fell within the range of possible, acceptable outcomes based on the evidence and the findings of credibility, both of which were meticulously explained in the Tribunal’s decision

23. November 2010 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human Rights complaints – Sexual harassment – Judicial review – Evidence – Similar fact evidence – Pattern of practice – Compliance with legislation – Procedural requirements and fairness – Natural justice – Standard of review – Reasonableness simpliciter Howard Johnson Inn v. Saskatchewan ...

The Nova Scotia Construction Safety Association (the “Association”) appealed from the decision of the Human Rights Commission awarding damages to an employee, Karen Davison (“Davison”), who successfully obtained an award for damages for incidents of sexual harassment during the course of her employment. The appeal was dismissed except that the Order of the Human Rights Board of Inquiry that exemplary damages should be awarded against the Association was overturned.

25. July 2006 0
Administrative law – Human rights complaints – Sexual harassment – Gender – Decisions of administrative tribunals – Human Rights Commission – Damages – Judicial review – Delay – Evidence – Procedural requirements and fairness – Abuse of process – test – Standard of review – Reasonableness simpliciter Nova Scotia Construction Safety Assn. v. Nova Scotia (Human Rights ...

The petition of a psychiatrist (“Bartman”) seeking judicial review of a decision by the British Columbia Human Rights Tribunal (the “Tribunal”) was dismissed where the court found that the conclusion of the Tribunal that Bartman had sexually harassed the Complainant was reasonable and well supported on the evidence

23. November 2004 0
Administrative law – Human rights complaints – Sexual harassment – Decisions of administrative tribunals – Human Rights Commission – Interpretation of Evidence – Judicial review – Standard of review – Reasonableness simpliciter – Patent unreasonableness Bartman v. N.T., [2004] B.C.J. No. 1896, British Columbia Supreme Court, September 16, 2004, Holmes J. The Complainant was Bartman’s medical office assistant ...