Administrative law – Decisions reviewed – Human Rights Tribunal – Judicial review – Appeals – Standard of review – Patent unreasonableness – Employment – Termination of employment – Off-duty conduct – Human rights – Discrimination – Sexual orientation Conklin v. University of British Columbia, [2022] B.C.J. No. 1827, 2022 BCCA 333, British Columbia Court of ...
The court concluded that the Canadian Human Rights Commission committed a breach in procedural fairness when it failed to properly consider and assess reply submissions made by the applicant in response to the investigator’s initial investigation and report. The Commission could not simply adopt the investigator’s findings, when the applicant had raised new issues in ...
BC Court of Appeal found the Law Society’s decision not to approve Trinity Western University’s law school was unreasonable because it limited the right to freedom of religion in a disproportionate way. Administrative law – Admission to profession – Barristers and solicitors – Charter of Rights and Freedoms – Decisions of administrative tribunals – Freedom ...
An application for judicial review of the Barristers’ Society’s decisions to (1) conditionally approve law school graduates from Trinity Western University (TWU) for articles, so long as TWU changed its Covenant or exempted law students from it, and (2) deny graduates articles in Nova Scotia if their law degrees came from a university that discriminated ...
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Human Rights complaints – Discrimination – Sexual orientation – Investigations – Judicial review – Evidence – Fresh evidence – admissibility J.D. v. Nova Scotia (Human Rights Commission), [2015] N.S.J. No. 323, 2015 NSSC 225, Nova Scotia Supreme Court, July 29, 2015, J.L. Chipman ...
After the Law Society Benchers denied Trinity Western University’s (‘TWU’) application for the accreditation of its proposed law school, TWU applied for judicial review, arguing in part that the Law Society should only have considered whether the school could produce competent lawyers, and not broader public interest factors, when making the decision. The court held ...
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 ...
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human Rights complaints – Sexual orientation – Charter of Rights and Freedoms – Freedom of expression – Judicial review – Compliance with legislation – Evidence – Standard of review – Correctness Lund v. Boissoin, [2012] A.J. No. 1036, 2012 ABCA 300, Alberta Court ...
Administrative law – Human Rights Complaints – Discrimination – Gender – Sexual orientation – Customarily available to the public – Compliance with legislation – Decisions of administrative tribunals – Human Rights Tribunal – Jurisdiction to hear a complaint – Judicial review – Standard of review – Correctness Marine Drive Golf Club v. Buntain, [2007] B.C.J. No. 37, British ...
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Jurisdiction – Remedies – Declaratory relief – Human rights complaints – Discrimination – Sexual orientation – Gender – Parent – definition – Judicial review – Standard of review – Correctness British Columbia (Minister of Health Planning) v. British Columbia (Human Rights Tribunal), [2003] B.C.J. No. 17552, British ...
