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 ...

Supreme Court of Canada clarifies that a statutory right of appeal is not a new category of correctness

20. December 2016 0
The Supreme Court of Canada confirmed that decisions of a tribunal which are subject to a statutory right of appeal are not a new category of correctness, and should not be added to the list of correctness categories enumerated in Dunsmuir. Administrative law – Assessment Review Board – Compliance with legislation – Correctness – Decisions of ...

BC Law Society’s decision not to approve Trinity Western University’s law school unreasonable

20. December 2016 0
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 ...

Human rights complaint investigation was sent back to Tribunal for lack of thoroughness

27. September 2016 0
An application for judicial review of the Human Rights Commission’s decision to direct a complaint for further inquiry by the Tribunal following an investigation was granted because the investigation was not sufficiently thorough.  The matter was returned to the investigator with directions. Administrative law – Age – Correctness – Decisions of administrative tribunals – Discrimination ...

The Charter and Nova Scotia Human Rights Act do not apply to Trinity Western University, a private university operating in British Columbia.

27. September 2016 0
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 ...

Decisions of university official regarding student group’s space booking privileges held not to be subject to Charter scrutiny

21. June 2016 0
The vice president of student affairs at the University of Victoria suspended a pro-life student group’s space booking privileges for a year after they violated his instruction not to proceed with a demonstration on campus. The group petitioned for a declaration that the decision was in violation of section 2 of the Charter. The Chambers ...

Interim practice conditions ordered by College of Massage Therapists were upheld despite complainant’s unsubstantiated allegations

21. June 2016 0
After a client reported sexual misconduct by a massage therapist, which the registrant denied, the inquiry committee at the college ordered that he be required to have a chaperone present during all treatments of female patients while the committee investigated the allegations. The registrant sought judicial review of this decision, arguing in part that there ...

Application to become a fully licensed psychologist was denied for lack of evidence of supervised work experience

22. February 2016 0
The Minister’s decision to deny the appellant’s application to become a fully licensed psychologist was upheld as reasonable because the appellant had not provided sufficient paperwork with her application for licensure to demonstrate she had met supervision criteria which was clearly required in order for her to become fully licensed. Administrative law – Decisions of ...