Court of Appeal agrees it was not patently unreasonable for BC Human Rights Tribunal to summarily dismiss appellant’s discrimination complaint following his termination for using dating apps to hook up with male students on campus where he worked

15. November 2022 0
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 Appellant, Envirocon Environmental Services ULC, successfully appealed a Chambers decision. The Chambers Judge had refused to interfere with the Tribunal’s application of the legal test for indirect or adverse effect discrimination. The Court of Appeal held the Tribunal’s decision was patently unreasonable.

16. April 2019 0
Administrative law – Decisions reviewed – Human rights tribunal – Discrimination – Judicial review – Appeals – Standard of review – Correctness – Patent unreasonableness – Employment – Termination of employment Envirocon Environmental Services ULC v. Suen, [2019] B.C.J. No. 146, 2019 BCCA 46, British Columbia Court of Appeal, February 5, 2019, S.D. Frankel, S. Stromberg-Stein ...

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 ...

Appeal from decision of chambers judge upholding decision striking claim on jurisdictional basis

28. April 2015 0
Administrative law – Employment law – Termination of employment – Constructive dismissal – Administrative tribunals – Workers Compensation Boards – Jurisdiction – Appeal – Compliance with legislation – Statutory interpretation Ashraf v. SNC Lavalin ATP Inc., [2015] A.J. No. 216, 2015 ABCA 78, Alberta Court of Appeal, February 27, 2015, P.W.L. Martin, R.S. Brown JJ.A. and ...

The plaintiff was employed by the defendant for nine years as a massage therapy instructor. Following the plaintiff’s return from maternity leave, her hours were unilaterally reduced and her responsibilities and income diminished. In four months, her hours were reduced to zero. The plaintiff successfully brought an action against the defendant for wrongful dismissal. The court also found that the defendant employer had discriminated against the plaintiff on the basis of sex and family status, justifying a $20,000 award for injuries to feelings, dignity and self-respect. In addition, punitive damages of $5,000 was awarded based on lack of forthrightness and bad-faith conduct on the part of the defendant. The total award of $42,700 was reduced to $25,000 to reflect the court’s monetary jurisdiction.

24. March 2015 0
Administrative law – Employment law – Termination of employment – Wrongful dismissal – Human rights complaints – Discrimination – Marital status – Gender – Remedies – Damages Bray v. Canadian College of Massage and Hydrotherapy, [2015] O.J. No. 465, Ontario Superior Court of Justice, January 31, 2015, J.S. Winny Deputy J. The plaintiff was employed ...

This was an appeal by Ouelette from a decision dismissing her application for judicial review of the respondent’s decision to remove her from her position as Clerk, Treasurer and Chief Administrative Offier of the rural community. Her appeal was dismissed. The Court of Appeal found that the appellant, who was an officer of the rural community, had a right to procedural fairness on termination which was imported into the contractual employment relationship by the provisions of the Municipalities Act, R.S.N.B. 1973, c.M-22. The requirements of procedural fairness in this case were met, through an appropriate opportunity to know of the concerns about her performance that could lead to termination, and an opportunity to explain them or demonstrate why they have no merit. While Council owed Oulette a duty of procedural fairness on termination, it met its duty in that regard. As a result, the appeal was dismissed.

23. April 2013 0
Administrative law – Decisions of administrative tribunals – Municipal councils – Municipalities – Employment law – Termination of employment – Public law vs. Contract law – Judicial review – Natural justice – Procedural requirements and fairness Ouellete v. Saint André, [2013] N.B.J. No. 80, 2013 NBCA 21, New Brunswick Court of Appeal, March 14, 2013, ...

The appellant ship captain was unsuccessful in his appeal of a decision by the Worker’s Compensation Appeal Tribunal which upheld the respondent’s decision to dismiss the appellant following the sinking of his ship

27. December 2011 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Employment law – Termination of employment – Discrimination – Judicial review – Application – Evidence Henthorne v. British Columbia Ferry Services Inc., [2011] B.C.J. No. 2228, 2011 BCCA 476, British Columbia Court of Appeal, November 24, 2011, M.V. Newbury, H. Groberman and N.J. ...

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 Federal Court of Appeal upheld a judicial review decision that set aside an adjudicator’s decision ordering the appellant’s reinstatement to his employment with the Correctional Service of Canada. While the reviewing court had erred in applying a standard of review of correctness to the adjudicator’s decision, the adjudicator’s decision was nonetheless unreasonable, in that he failed to properly apply the employer’s standards to the appellant’s conduct. Additionally, the adjudicator erred in his application of the arbitral jurisprudence in his characterization of the seriousness of the appellant’s offence, and by employing an empirical approach in determining whether the grievor’s conduct discredited the CSC.

27. October 2009 0
Administrative law – Decisions of administrative tribunals – Public Service Staffing Tribunal – Employment law – Termination of employment – Code of discipline – Off-duty conduct – Judicial review – Adjudication – Compliance with legislation – Evidence – Standard of review – Reasonableness simpliciter Tobin v. Canada (Attorney General), [2009] F.C.J. No. 968, Federal Court ...

An employer applied for judicial review of a decision of the Employment Standards Tribunal. The Tribunal had purported to cure a breach of natural justice in a reconsideration decision, rather than return the matter to be heard anew. The Court dismissed the application, finding that the Reconsideration Panel had acted fairly in all the circumstances, and the process and hearing afforded to the employer accorded with the rules of natural justice and procedural fairness.

25. August 2009 0
Administrative law – Decisions of administrative tribunals – Employment Standards Tribunal – Employment law – Termination of employment – Working conditions – Hearings – Conduct of hearings – Disclosure – Judicial review – Compliance with legislation – Procedural requirements and fairness – Natural justice – Standard of review – Patent unreasonableness Taiga Works Wilderness Equipment ...