REASONS FOR DECISION TIMELINESS OF COMPLAINT Section 22
|
|
- Allan Bell
- 5 years ago
- Views:
Transcription
1 Indexed as: Courquin v. Inuktun Services Ltd., 2017 BCHRT 166 IN THE MATTER OF THE HUMAN RIGHTS CODE R.S.B.C. 1996, c. 210 (as amended) AND IN THE MATTER of a complaint before the British Columbia Human Rights Tribunal Date Issued: August 3, 2017 File: BETWEEN: Craig Courquin COMPLAINANT AND: Inuktun Services Ltd. RESPONDENT REASONS FOR DECISION TIMELINESS OF COMPLAINT Section 22 Tribunal Registrar and Member: Advocate for the Complainant: Counsel for the Respondent: Steven Adamson Mabel Mardell Michael Korbin
2 I INTRODUCTION [1] On March 22, 2017, Craig Courquin filed a complaint against Inuktun Services Ltd. [Inuktun], alleging discrimination in the area of employment based on physical disability, contrary to s. 13 of the Human Rights Code [Code]. [2] Since Mr. Courquin s complaint may have been filed outside the six-month limitation period under s. 22 of the Code, the Tribunal sought submissions from the parties concerning the complaint s timeliness. I have considered all of their submissions with the exception of the further submission provided by the Respondent. Given the outcome of my decision below, I did not find it necessary to consider the Respondent s application for further submissions. The issue before me is whether to accept the complaint for filing. I make no findings of fact regarding the merits of this complaint. II BACKGROUND TO COMPLAINT [3] Mr. Courquin had a two-decade career as a machinist. He was employed by Inuktun in January [4] At the end of October 2014, Mr. Courquin notified his supervisor of the lingering effects of medications he was taking while at work for his chronic back and neck pain associated with a degenerative back condition. Mr. Courquin states his request for a shorter work week to try and lessen the amount of pain medication he had to take was granted on October 30, [5] Mr. Courquin states that in February 2015 his back and neck condition worsened to point where he notified management staff at Inuktun of his concern that the effects of him taking pain medication might put himself and others at work in danger. He notes that by October 2015 he needed to take pain medication daily to cope with his problem. [6] On October 1, 2015, Mr. Courquin states he broke out in an extreme sweat and experienced rapid heart palpations. He says that when he reported this to management he was sent home without receiving first aid. Further, the next day when he presented his employer 1
3 with a doctor s note requiring a month off because of his injury, Inuktun allegedly responded by issuing a record of employment [ROE] with an expected date of recall for October 30, [7] On October 30, 2015, Mr. Courquin met with his supervisor, a production manager and the payroll administrator at Inuktun. He was asked about his fitness to return to work. Following the meeting he was sent an ROE, dated October 19, 2015 indicating shortage of work as the reason for layoff with an unknown recall date. [8] Sometime in October 2015, a senior official at Inuktun, Colin Dobell, called Mr. Courquin to allegedly confirm that he would not be permitted to return to work until he had a doctor s note indicating he was free of the prescribed pain medications. Mr. Courquin states Mr. Dobell called him a drug addict and told him he knew how to deal with people like him. [9] A third ROE, dated January 22, 2016, indicated Mr. Courquin was permanently laid off work at Inuktun because of a shortage of work. When he spoke to Mr. Dobell about the situation that day, Mr. Courquin states he was offered six weeks of work because the company was so far behind. However, Mr. Courquin says he had to turn Mr. Dobell down because he could not guarantee his ability to show up for work regularly because of his need to take pain medications. [10] Mr. Courquin reports having problems applying for his employment insurance [EI] benefits because of the numerous ROEs that were issued by Inuktun. After waiting months for his EI benefits to be approved, they were received and continued until October [11] With the aid of his mother, sister, a close friend, an advocate other than the one listed on this complaint, and a representative from a local Member of Parliament s office, Mr. Courquin applied for medical Canada Pension Plan [CPP] benefits in March 2016 and undertook multiple appeals of the decision to deny him such benefits until they were granted in March III ANALYSIS AND DECISION [12] Section 22 of the Code provides: (1) A complaint must be filed within 6 months of the alleged contravention. 2
4 (2) If a continuing contravention is alleged in a complaint, the complaint must be filed within 6 months of the last alleged instance of the contravention. (3) If a complaint is filed after the expiration of the time limit referred to in subsection (1) or (2), a member or panel may accept all or part of the complaint if the member or panel determines that: (a) it is in the public interest to accept the complaint, and (b) no substantial prejudice will result to any person because of the delay. [13] The time limit set out in s. 22 of the Code is a substantive provision which is intended to ensure that complainants pursue their human rights remedies diligently: Chartier v. School District No. 62, 2003 BCHRT 39. IV TIME LIMIT [14] The complaint was filed on March 22, To comply with the six-month time limit under s. 22(1) of the Code, the alleged act of discrimination would have to have occurred on or after September 22, The last alleged discrimination event in this case occurred on January 22, 2016, when Inuktun terminated Mr. Courquin s employment permanently. As such, this complaint is late filed and I therefore proceed to an analysis of whether the Tribunal should exercise its discretion to accept this complaint outside the six-month time limit because it is in the public interest to do so and no substantial prejudice will result to any person because of the delay. I will start with the public interest determination. A. Public interest [15] Whether it is in the public interest to accept a late-filed complaint is a multi-faceted analysis. The enquiry is fact and context specific, and assessed in accordance with the purposes of the Code: Hoang v. Warnaco and Johns, 2007 BCHRT 24 at para. 26. The Tribunal considers a non-exhaustive list of factors, including the length of the delay, the reasons for the delay, and the public interest in the complaint itself: British Columbia (Ministry of Public Safety and Solicitor General) v. Mzite, 2014 BCCA 220 [Mzite] at para. 53. These are important factors, but not necessarily determinative: Goddard v. Dixon, 2012 BCSC 161 at para. 152; Mzite at para
5 [16] The length of the delay in this case is approximately eight months, which is significant and weighs heavily against accepting the complaint for filing in the public interest: A v. X. and others, 2013 BCHRT 46 at para. 32. [17] Mr. Courquin set out a number of reasons for his delay in filing this complaint. He admits that he did not know about the possibility of filing a complaint with the Tribunal and focused his limited resources pursuing his CPP benefits entitlement as the only viable source of income when his EI ran out. It appears that he did not learn about his ability to file a human rights complaint against Inuktun until meeting with his current advocate in December At that time he chose to pursue his CPP benefits because the advocate s mandate did not extend to human rights complaints assistance. He also appears to have also chosen to pursue the CPP benefits to ensure a future source of income. Finally, he appears to have opted for pursuing the CPP benefits because he was under the impression that starting a human rights matter required him to spend money hiring a separate advocate. [18] While appreciating Mr. Courquin s candour in admitting his lack of knowledge about his protections under the Code and the time limits for filing a complaint as a reason for his delay, ignorance of the Code, or the time required to become aware of one s rights, is generally not an acceptable reason, on its own, for the delay in filing: Rashead v. Vereschagin (No. 2), 2006 BCHRT 74, at para. 12; Ferrier v. British Columbia Automobile Association, 2009 BCHRT 412, at para. 31. For the reasons set out below concerning disabilities and the public interest, I have concluded that Mr. Courquin has not offered any reasons to depart from this general rule. [19] Mr. Courquin may also be arguing that his pursuit of his CPP benefits should be considered as a factor in the public interest to accept his late filed complaint with Tribunal. While appreciating Mr. Courquin quite rationally focused his attention on obtaining medical CPP benefits over the course of a one year period between March 2016 and 2017 to secure a stable source of income, I conclude this reason for delay does not strengthen the public interest in allowing the complaint to proceed. The Tribunal has repeatedly said that pursuing another process does not suspend the time limit under the Code and that exhausting internal avenues and resources is not sufficient, on its own, to relieve against the time limit: Sones v. District of 4
6 Squamish, 2016 BCHRT 99, at para. 44 and Devitt and Hargrove obo others v. School District No. 43 and another, 2011 BCHRT 218, at paras [20] Another reason for Mr. Courquin s delay is related to his ongoing back problem and the effects of his medication on his ability to file. Where a delay is due to a disabling condition, the Tribunal has observed that it may be in the public interest to accept a late-filed complaint: MacAlpine v. Office of the Representative for Children and Youth, 2011 BCHRT 29, at para. 42 and Naziel-Wilson v. Providence Health Care and another 2014 BCHRT 170 at para. 13. [21] The June 28, 2016 opinion from Dr. Dalla Lana sets out Mr. Courquin s limitations from activities involving extending his arms out in front of him or standing for more than half an hour without exacerbating his pain symptoms. He also notes Mr. Courquin s confusion and disorientation associated with the use of medical marijuana. In Dr. Dalla Lana s opinion, Mr. Courquin s physical limitations prevent him from working as a machinist or any work that requires him to stand or sit for any significant length of time. He also noted his condition limited him at home and with all of his leisure activities. He does not elaborate on which activities Mr. Courquin was disabled from performing. [22] The July 5, 2016 note from Mr. Courquin s sister set out her observations of his limitations. She observed him not sleeping more than two to three hours at a time and his inability to sit through a meal. She noticed Mr. Courquin s short term memory was failing as he repeated conversations they previously held. He could not make it through a movie without falling asleep and sometimes his eyes glazed over while speaking to her in mid conversation. Mr. Courquin s sister stated he had great difficulty making a decision about anything and was always second guessing himself. [23] While there is no doubt Mr. Courquin has a significant back and neck condition, as evidenced by the existence of his medical CPP benefits award, I have determined there is not enough evidence of him being disabled from filing his complaint such that the public interest would be engaged. In making this decision, I have considered the evidence from Dr. Dalla Lana, which indicates limitations from work involving prolonged sitting, standing and extended arm use without commenting on Mr. Courquin s ability to start a complaint. I also note his sister s 5
7 observations with regard to Ms. Courquin s limited abilities at home, which are likely related to his chronic pain and related medication. In the end, however, I cannot accept that he was unable to file his human rights complaint in circumstances where he demonstrated his ability to file a CPP medical benefits application and appeals during the same relevant timeframe for filing this complaint with the Tribunal. While not doubting the limitations Mr. Courquin had in starting a complaint, I am not convinced that his disability was such that he could only start the CPP benefits application process and not pursue a human rights complaint at the same time. I make this decision while recognizing Mr. Courquin s actions also included the need to reach out for assistance from many individuals in order to pursue his CPP benefits. As such, Mr. Courquin s physical disabilities and effects from taking pain medication do not attract the public interest in allowing his late filed complaint to proceed. [24] In determining whether acceptance of a late-filed complaint is in the public interest, the Tribunal also considers whether there is anything particularly unique, novel, or unusual about the complaint that has not been addressed in other complaints: Hau v. SFU Student Services and others, 2014 BHCRT 10 at para. 22; Bains v. Advanced Air Supply and others, 2013 BCHRT 74 at para. 22; Mathieu v. Victoria Shipyards and others, 2010 BCHRT 224 at para. 60. Where a complaint raises a novel issue on behalf of a vulnerable group, which advances the purposes of the Code, this is a factor that may be considered in weighing the public interest in accepting the complaint: Mzite at paras The Tribunal has taken into account gaps in its jurisprudence, on the one hand, and the existence of good precedents, on the other hand, in determining whether to permit a complaint to proceed: Mzite at para. 67. [25] Mr. Courquin is seeking justice for the alleged discrimination in this employment and physical disability complaint. He also blames Inuktun s multiple ROEs for much of the delay and need to fight for his EI and CPP benefits as a distraction from pursuing his rights under the Code. While not doubting his sincerity in this pursuit, I am not satisfied there is anything unique, novel or particularly unusual about this case where the Tribunal routinely considers complaints of this nature. His case is ultimately about a common type of employment discrimination involving physical disability, the jurisprudence about which is fairly settled: Edwards v B.C. Ltd. and another (No. 2), 2015 BCHRT 59. 6
8 [26] Considering all of the circumstances, I am not persuaded that it is in the public interest to accept the late-filed complaint. Given this conclusion, it is not necessary to address the issue of whether there would be any substantial prejudice. V CONCLUSION [27] For these reasons, the complaint is not accepted for filing. 7
Date Issued: October 25, 2013 File: Indexed as: Bratzer v. Victoria Police Department and others, 2013 BCHRT 266
Date Issued: October 25, 2013 File: 11280 Indexed as: Bratzer v. Victoria Police Department and others, 2013 BCHRT 266 B E T W E E N: A N D: IN THE MATTER OF THE HUMAN RIGHTS CODE R.S.B.C. 1996, c. 210
More informationCase Name: Flagg v. British Columbia (Ministry of Health)
Case Name: Flagg v. British Columbia (Ministry of Health) Appearances: Counsel for the Complainant: Marlisa Martin. Counsel for the Respondent: Linda Thayer. IN THE MATTER OF the Human Rights Code R.S.B.C.
More informationHealth Professions Review Board
Health Professions Review Board Suite 900, 747 Fort Street Victoria British Columbia Telephone: 250 953-4956 Toll Free: 1-888-953-4986 (within BC) Facsimile: 250 953-3195 Mailing Address: PO 9429 STN PROV
More informationHealth Professions Review Board
Health Professions Review Board Suite 900, 747 Fort Street Victoria British Columbia Telephone: 250 953-4956 Toll Free: 1-888-953-4986 (within BC) Facsimile: 250 953-3195 Mailing Address: PO 9429 STN PROV
More informationBETWEEN: The Complainant COMPLAINANT. AND: The College of Psychologists of British Columbia COLLEGE. AND: A Psychologists REGISTRANT
Health Professions Review Board Suite 900, 747 Fort Street, Victoria, BC V8W 3E9 Complainant v. The College of Psychologists of British Columbia DECISION NO. 2017-HPA-112(a) March 15, 2018 In the matter
More informationIN THE MA ICI ER OF THE HUMAN RIGHTS CODE R.S.B.C. 1996, c. 210 (as amended)
5EP-21-2016 08:09 From:604-775-2020 Pa9e:2'10 Date Issued: September 21, 2016 File: 14152 Indexed as: Cameron v. Waterfall Skincare and another, 2016 BCHRT 138 BETWEEN: A1 t; IN THE MA ICI ER OF THE HUMAN
More informationIN THE SUPREME COURT OF BRITISH COLUMBIA
IN THE SUPREME COURT OF BRITISH COLUMBIA Between: Date: 20171020 Docket: S114963 Registry: Kelowna Brigitta Pelcz Petitioner And College of Licensed Practical Nurses of British Columbia Respondent Corrected
More informationComplainant v. The College of Physicians and Surgeons of British Columbia
Health Professions Review Board Suite 900, 747 Fort Street, Victoria, BC V8W 3E9 Complainant v. The College of Physicians and Surgeons of British Columbia DECISION NO. 2017-HPA-006(a) October 5, 2017 In
More informationDecision F Jay Fedorak, Adjudicator. November 23, 2011
Decision F11-04 COLLEGE OF PHYSICIANS AND SURGEONS OF BRITISH COLUMBIA Jay Fedorak, Adjudicator November 23, 2011 Quicklaw Cite: [2011] B.C.I.P.C.D. No. 40 CanLII Cite: 2011 BCIPC 40 Document URL: http://www.oipc.bc.ca/orders/section43/decisionf11-04.pdf
More informationBETWEEN: The Complainant COMPLAINANT. AND: A Dentist REGISTRANT. BEFORE: William R. Cottick, Panel Chair REVIEW BOARD
Health Professions Review Board Suite 900, 747 Fort Street, Victoria, BC V8W 3E9 Complainant v. College of Dental Surgeons of BC DECISION NO. 2018-HPA-047(a) August 15, 2018 In the matter of an application
More informationBETWEEN: The Complainant COMPLAINANT. AND: A Physician REGISTRANT. BEFORE: Fazal Bhimji, Panel Chair REVIEW BOARD
Health Professions Review Board Suite 900, 747 Fort Street, Victoria, BC V8W 3E9 Complainant v. Physicians and Surgeons of British Columbia DECISION NO. 2017-HPA-150(a) October 12, 2018 In the matter of
More informationComplainant v. The College of Physicians and Surgeons of British Columbia
Health Professions Review Board Suite 900, 747 Fort Street, Victoria, BC V8W 3E9 Complainant v. The College of Physicians and Surgeons of British Columbia DECISION NO. 2016-HPA-233(a); 2016-HPA-234(a)
More informationOrder F Ministry of Justice. Hamish Flanagan Adjudicator. March 18, 2015
Order F15-12 Ministry of Justice Hamish Flanagan Adjudicator March 18, 2015 CanLII Cite: 2015 BCIPC 12 Quicklaw Cite: [2015] B.C.I.P.C.D. No. 12 Summary: The applicant requested records from the Ministry
More informationCOURT OF APPEAL FOR BRITISH COLUMBIA Citation: Between: And Bartram v. Glaxosmithkline Inc., 2011 BCCA 539 Date: Docket: CA Meah Bartra
COURT OF APPEAL FOR BRITISH COLUMBIA Citation: Between: And Bartram v. Glaxosmithkline Inc., 2011 BCCA 539 Date: 20111230 Docket: CA039373 Meah Bartram, an Infant by her Mother and Litigation Guardian,
More informationSOCIAL SECURITY TRIBUNAL DECISION General Division Employment Insurance
Citation: T. H. v. Canada Employment Insurance Commission, 2014 SSTGDEI 70 Appeal #: GE-13-2240 BETWEEN: T. H. Appellant Claimant and Canada Employment Insurance Commission Respondent SOCIAL SECURITY TRIBUNAL
More informationFORM 1.3 COMPLAINT FOR GROUP OR CLASS Use This Form to File a Complaint for a Group or Class of Persons. BC Human Rights Tribunal GENERAL INSTRUCTIONS
Use This Form to File a Complaint for a Group or Class of Persons BC Human Rights Tribunal 1170-605 Robson Street Vancouver BC V6B 5J3 Phone: 604-775-2000 Fax: 604-775-2020 Toll Free: 1-888-440-8844 TTY:
More informationIN THE SUPREME COURT OF BRITISH COLUMBIA
IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: Between: And Gosselin v. Shepherd, 2010 BCSC 755 April Gosselin Date: 20100527 Docket: S104306 Registry: New Westminster Plaintiff Mark Shepherd and Dr.
More informationIN THE SUPREME COURT OF BRITISH COLUMBIA
IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: Between: And: Varner v. Vancouver (City), 2009 BCSC 333 Gary Varner Date: 20090226 Docket: S032834 Registry: Vancouver Plaintiff John Doe and Richard
More informationHealth Professions Review Board
Health Professions Review Board Suite 900, 747 Fort Street Victoria British Columbia Telephone: 250 953-4956 Toll Free: 1-888-953-4986 (within BC) Facsimile: 250 953-3195 Mailing Address: PO 9429 STN PROV
More informationrespect to the Committee s study of the Temporary Foreign Worker Program ( TFWP ).
Submissions respecting the Temporary Foreign Worker Program review by the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities Juliana Dalley,
More informationSOCIAL SECURITY TRIBUNAL DECISION Appeal Division
Citation: D. G. v. Minister of Employment and Social Development, 2018 SST 269 Tribunal File Number: AD-17-589 BETWEEN: D. G. Appellant and Minister of Employment and Social Development Respondent SOCIAL
More informationStatewatch Report. Consolidated agreed text of the EU Constitution. Judicial Provisions
Statewatch Report Consolidated agreed text of the EU Constitution Judicial Provisions Introduction The following sets out the full agreed text of the EU Constitution concerning the courts of the European
More informationPREVENTION OF CRUELTY TO ANIMALS ACT
Copyright (c) Queen's Printer, Victoria, British Columbia, Canada License Disclaimer This Act is current to November 1, 2017 See the Tables of Legislative Changes for this Act s legislative history, including
More informationOrder F08-15 COLLEGE OF PSYCHOLOGISTS OF BRITISH COLUMBIA. Michael McEvoy, Adjudicator. September 4, 2008
Order F08-15 COLLEGE OF PSYCHOLOGISTS OF BRITISH COLUMBIA Michael McEvoy, Adjudicator September 4, 2008 Quicklaw Cite: [2008] B.C.I.P.C.D. No. 27 Document URL: http://www.oipc.bc.ca/orders/orderf08-15.pdf
More informationNoteworthy Decision Summary. Decision: WCAT RB Panel: Teresa White Decision Date: March 23, 2005
Noteworthy Decision Summary Decision: WCAT-2005-01460-RB Panel: Teresa White Decision Date: March 23, 2005 Extension of time Election Section 10 of the Workers Compensation Act Policy item #111.22 of the
More informationIN THE SUPREME COURT OF BRITISH COLUMBIA. Reasons for Judgment Respecting Costs
IN THE SUPREME COURT OF BRITISH COLUMBIA Re: Section 29 of the Court Order Enforcement Act and the Registration of a Foreign Judgment Against John Tolman, Mrs. John Tolman, Bob Alpen and Mrs. Bob Alpen
More informationCivil Resolution Tribunal. Indexed as: The Owners, Strata Plan LMS 2900 v. Mathew Hardy, 2016 CRTBC 1. The Owners, Strata Plan LMS 2900 APPLICANT[S]
Date Issued: File: ST-2016-00297 Civil Resolution Tribunal Indexed as: The Owners, Strata Plan LMS 2900 v. Mathew Hardy, 2016 CRTBC 1 B E T W E E N : The Owners, Strata Plan LMS 2900 APPLICANT[S] A ND:
More informationOrder F05-21 LAND AND WATER BRITISH COLUMBIA INC.
Order F05-21 LAND AND WATER BRITISH COLUMBIA INC. Celia Francis, Adjudicator July 12, 2005 Quicklaw Cite: [2005] B.C.I.P.C.D. No. 29 Document URL: http://www.oipc.bc.ca/orders/orderf05-21.pdf Office URL:
More informationIN THE MATTER OF THE LABOUR RELATIONS ACT, 1995 AND IN THE MATTER OF AN ARBITRATION
IN THE MATTER OF THE LABOUR RELATIONS ACT, 1995 AND IN THE MATTER OF AN ARBITRATION BETWEEN: ALGOMA STEEL INC. (hereinafter the Company ) AND UNITED STEELWORKERS OF AMERICA, LOCAL 2251 (hereinafter the
More informationIN THE SUPREME COURT OF BRITISH COLUMBIA
IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: The Law Society of British Columbia v. Parsons, 2015 BCSC 742 Date: 20150506 Docket: S151214 Registry: Vancouver Between: The Law Society of British Columbia
More information2012 BCSECCOM 195. Canada Pacific Consulting Inc. and Michael Robert Shantz. Securities Act, RSBC 1996, c Hearing
Canada Pacific Consulting Inc. and Michael Robert Shantz Securities Act, RSBC 1996, c. 418 Hearing Panel Brent W. Aitken Vice Chair Kenneth G. Hanna Commissioner David J. Smith Commissioner Submissions
More informationFinancial Services Tribunal. Practice Directives and Guidelines
Financial Services Tribunal Practice Directives and Guidelines Revised October 2012 Financial Services Tribunal Practice Directives and Guidelines 1.0 Introduction The purpose of these Practice Directives
More informationWORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 1945/10
WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 1945/10 BEFORE: HEARING: J. P. Moore : Vice-Chair B. Davis : Member Representative of Employers A. Grande : Member Representative of Workers
More informationTHE NORTHWEST TERRITORIES HUMAN RIGHTS ADJUDICATION PANEL. IN THE MATTER OF the NWT Human Rights Act, S.N.W.T., 2002, c.
THE NORTHWEST TERRITORIES HUMAN RIGHTS ADJUDICATION PANEL IN THE MATTER OF the NWT Human Rights Act, S.N.W.T., 2002, c. 18 as amended AND IN THE MATTER OF a complaint BETWEEN: ELIZABETH PORTMAN Appellant
More informationIN THE SUPREME COURT OF BRITISH COLUMBIA
IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: Between: And Sahyoun v. British Columbia (Employment and Assistance Appeal Tribunal), 2012 BCSC 1306 Dr. Nabil Riad Sahyoun Employment and Assistance
More informationOrder F05-25 MINISTRY OF HEALTH. Errol Nadeau, Adjudicator. August 10, 2005
Order F05-25 MINISTRY OF HEALTH Errol Nadeau, Adjudicator August 10, 2005 Quicklaw Cite: [2005] B.C.I.P.C.D. No. 33 Document URL: http://www.oipc.bc.ca/orders/orderf05-33.pdf Office URL: http://www.oipc.bc.ca
More informationCANADIAN RAILWAY OFFICE OF ARBITRATION & DISPUTE RESOLUTION CASE NO Heard in Montreal, June 9, Concerning CANADIAN PACIFIC RAILWAY.
CANADIAN RAILWAY OFFICE OF ARBITRATION & DISPUTE RESOLUTION CASE NO. 4407 Heard in Montreal, June 9, 2015 Concerning CANADIAN PACIFIC RAILWAY And TEAMSTERS CANADA RAIL CONFERENCE DISPUTE: Appeal of the
More informationFORM 1.1 INDIVIDUAL COMPLAINT Use This Form to File Your Own Complaint
Use This Form to File Your Own Complaint BC Human Rights Tribunal 1170-605 Robson Street Vancouver BC V6B 5J3 Phone: 604-775-2000 Fax: 604-775-2020 Toll Free: 1-888-440-8844 TTY: 604-775-2021 GENERAL INSTRUCTIONS
More informationDEFENDANT / MOVING PARTY REPLY
Court File No.: T-2084-12 FEDERAL COURT BETWEEN: UNITED AIR LINES, INC. and CONTINENTAL AIRLINES, INC. Plaintiffs and DR. JEREMY COOPERSTOCK Defendant DEFENDANT / MOVING PARTY REPLY Dated: January 18,
More informationOrder BRITISH COLUMBIA ARCHIVES. Celia Francis, Adjudicator August 21, 2002
Order 02-40 BRITISH COLUMBIA ARCHIVES Celia Francis, Adjudicator August 21, 2002 Quicklaw Cite: [2002] B.C.I.P.C.D. No. 40 Document URL: http://www.oipc.bc.ca/orders/order02-40.pdf Office URL: http://www.oipc.bc.ca
More informationIN THE COURT OF APPEAL OF MANITOBA
Citation: Stadler v Director, St Boniface/ Date: 20181010 St Vital, 2018 MBCA 103 Docket: AI18-30-09081 IN THE COURT OF APPEAL OF MANITOBA B ETWEEN : K. A. Burwash for the Applicant A. J. Ladyka MARTIN
More informationIN THE MATTER OF THE SECURITIES ACT, R.S.O. 1990, c. S.5, AS AMENDED - AND -
Ontario Commission des 22 nd Floor 22e etage Securities valeurs mobilières 20 Queen Street West 20, rue queen ouest Commission de l Ontario Toronto ON M5H 3S8 Toronto ON M5H 3S8 IN THE MATTER OF THE SECURITIES
More informationBritish Columbia. Health Professions Review Board. Rules of Practice and Procedure for Reviews under the Health Professions Act, R.S.B.C. 1996, c.
British Columbia Health Professions Review Board Rules of Practice and Procedure for Reviews under the Health Professions Act, R.S.B.C. 1996, c. 183 These rules for reviews to the Health Professions Review
More informationCOURT OF APPEAL FOR BRITISH COLUMBIA
COURT OF APPEAL FOR BRITISH COLUMBIA Citation: Between: And And Before: Industrial Alliance Insurance and Financial Services Inc. v. Wedgemount Power Limited Partnership, 2018 BCCA 283 Date: 20180709 Dockets:
More informationIN THE SUPREME COURT OF BRITISH COLUMBIA
IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: Cal-terra Developments Ltd. v. Hunter, 2017 BCSC 1320 Date: 20170728 Docket: 15-4976 Registry: Victoria Re: Judicial Review Procedure Act, R.S.B.C. 1996,
More informationE-HEALTH (PERSONAL HEALTH INFORMATION ACCESS AND PROTECTION OF PRIVACY) ACT
PDF Version [Printer-friendly - ideal for printing entire document] E-HEALTH (PERSONAL HEALTH INFORMATION ACCESS AND PROTECTION OF PRIVACY) ACT Published by Quickscribe Services Ltd. Updated To: [includes
More information2008 BCCA 404 Get Acceptance Corporation v. British Columbia (Registrar of Mortgage Br...
Page 1 of 7 COURT OF APPEAL FOR BRITISH COLUMBIA Citation: Between: And Get Acceptance Corporation v. British Columbia (Registrar of Mortgage Brokers), 2008 BCCA 404 Get Acceptance Corporation and Keith
More informationWORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 1806/09
WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 1806/09 BEFORE: J. P. Moore : Vice-Chair HEARING: June 17, 2010 at Toronto Oral DATE OF DECISION: July 27, 2010 NEUTRAL CITATION: 2010 ONWSIAT
More informationPREVENTION OF CRUELTY TO ANIMALS ACT
PDF Version [Printer-friendly - ideal for printing entire document] PREVENTION OF CRUELTY TO ANIMALS ACT Published by Quickscribe Services Ltd. Updated To: [includes 2017 Bill 7, c. 3 amendments (effective
More informationIN THE MATTER OF AN ARBITRATION. Under THE PUBLIC SERVICE ACT. Before THE PUBLIC SERVICE GRIEVANCE BOARD. A. Arkelian Grievor.
Public Service Grievance Board Suite 600 180 Dundas St. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Fax (416) 326-1396 Commission des griefs de la fonction publique Bureau 600 180, rue Dundas Ouest
More informationIN THE SUPREME COURT OF BRITISH COLUMBIA
IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: Between: And Bentley v. The Police Complaint Commissioner, 2012 BCSC 106 Craig Bentley and John Grywinski Date: 20120125 Docket: S110977 Registry: Vancouver
More informationSentencing remarks of Mr Justice Kerr. The Queen v Aaron Jenkins and Emma Butterworth. Preston Crown Court. 3 March 2016
Sentencing remarks of Mr Justice Kerr The Queen v Aaron Jenkins and Emma Butterworth Preston Crown Court 3 March 2016 1. You may both remain seated for the moment. I will deal first with your case, Mr
More informationof the United Nations
ADMINISTRATIVE TRIBUNAL Judgement No. 844 Case No. 951: SIKKA Against: The Secretary-General of the United Nations THE ADMINISTRATIVE TRIBUNAL OF THE UNITED NATIONS, Composed of Mr. Hubert Thierry, President;
More informationPOLICE SERVICE OF SCOTLAND (PERFORMANCE) REGULATIONS 2014 GUIDANCE
POLICE SERVICE OF SCOTLAND (PERFORMANCE) REGULATIONS 2014 GUIDANCE INDEX 1 Performance Regulations... 3 1.1 Introduction... 3 1.2 Delegated authority... 3 1.3 Unsatisfactory performance... 4 1.4 Scope...
More informationMr Suhail Mir Mohamed Ms Amela Mahmic Ms Aurora Pollara Melbourne Senior Member M. Lothian Hearing. 22 July 2014
VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL CIVIL DIVISION BUILDING AND PROPERTY LIST VCAT REFERENCE NO. D1032/2013 CATCHWORDS Domestic building, application under s78 of the Victorian Civil and Administrative
More informationJurisdiction: European Court of Human Rights (ECtHR) Court (Third Section)
Case Summary Eremia and Others v The Republic of Moldova Application Number: 3564/11 1. Reference Details Jurisdiction: European Court of Human Rights (ECtHR) Court (Third Section) Date of Decision: 28
More informationInvestigation Report. Complaint about a Saskatchewan Employment Act Adjudicator
Investigation Report Complaint about a Saskatchewan Employment Act Adjudicator October 2018 TABLE OF CONTENTS THE COMPLAINT AND THE ISSUES... 2 FACTS... 2 ANALYSIS AND FINDINGS... 4 RESPONSE TO THE FINDINGS...
More informationWorld Bank Administrative Tribunal. No BC, Applicant. International Finance Corporation, Respondent
World Bank Administrative Tribunal 2010 No. 427 BC, Applicant v. International Finance Corporation, Respondent World Bank Administrative Tribunal Office of the Executive Secretary BC, Applicant v. International
More informationTHE LAW SOCIETY OF BRITISH COLUMBIA. In the matter of the Legal Profession Act, SBC 1998, c. 9. and a hearing concerning PIR INDAR PAUL SINGH SAHOTA
2018 LSBC 06 Decision issued: February 15, 2018 Citation issued: November 10, 2016 THE LAW SOCIETY OF BRITISH COLUMBIA In the matter of the Legal Profession Act, SBC 1998, c. 9 and a hearing concerning
More informationBefore: THE HON. MR JUSTICE ROTH (President) PROFESSOR COLIN MAYER CBE CLARE POTTER. Sitting as a Tribunal in England and Wales
Neutral citation [2017] CAT 21 IN THE COMPETITION APPEAL TRIBUNAL Case No: 1266/7/7/16 Victoria House Bloomsbury Place London WC1A 2EB 28 September 2017 Before: THE HON. MR JUSTICE ROTH (President) PROFESSOR
More informationIN THE MATTER OF THE REAL ESTATE SERVICES ACT, AND IN THE MATTER OF CIU ZHU (DANIELLE) DENG REASONS FOR DECISION REGARDING LIABILITY
IN THE MATTER OF THE REAL ESTATE SERVICES ACT, AND IN THE MATTER OF CIU ZHU (DANIELLE) DENG REASONS FOR DECISION REGARDING LIABILITY DATE AND PLACE OF HEARING: March 12, 13 & 21, 2018 Office of the Real
More informationIN THE SUPREME COURT OF BRITISH COLUMBIA
IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: Between: Schinnerl v. Kwantlen Polytechnic University, 2016 BCSC 2026 Sandra Schinnerl Date: 20161103 Docket: S163404 Registry: Vancouver Plaintiff And
More informationPENALTY DECISION. January 9, 2015, Vancouver, B.C. Counsel for the Discipline Panel: Ms. Catharine Herb Kelly Q.C. Did not appear and no counsel
THE MATTER OF THE COLLEGE OF DENTAL SURGEONS OF BRITISH COLUMBIA AND DR. MICHAL KABURDA, A REGISTRANT PENALTY DECISION Dr. Arnold Steinbart (Chair) Dr. Myrna Halpenny Mr. Paul Durose } Panel Hearing Date:
More informationSOCIAL SECURITY TRIBUNAL DECISION Appeal Division
Citation: A. M. v. Minister of Employment and Social Development, 2016 SSTADIS 507 Tribunal File Number: AD-16-851 BETWEEN: A. M. Applicant and Minister of Employment and Social Development (formerly Minister
More informationIN THE SUPREME COURT OF THE STATE OF KANSAS. No. 119,254. In the Matter of JOHN M. KNOX, Respondent. ORIGINAL PROCEEDING IN DISCIPLINE
IN THE SUPREME COURT OF THE STATE OF KANSAS No. 119,254 In the Matter of JOHN M. KNOX, Respondent. ORIGINAL PROCEEDING IN DISCIPLINE Original proceeding in discipline. Opinion filed January 11, 2019. Disbarment.
More informationADULT GUARDIANSHIP TRIBUNAL: MINISTRY REVIEW Dated: June 30, 2014
ADULT GUARDIANSHIP TRIBUNAL: MINISTRY REVIEW Dated: June 30, 2014 BACKGROUND: In the Report, No Longer Your Decision: British Columbia s Process for Appointing the Public Guardian and Trustee to Manage
More informationIN THE SUPREME COURT OF BRITISH COLUMBIA
IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: Cariboo Gur Sikh Temple Society (1979) v. British Columbia (Employment Standards Tribunal), 2016 BCSC 1622 Between: Cariboo Gur Sikh Temple Society (1979)
More informationBefore : MR JUSTICE KERR Between :
Neutral Citation Number: [2016] EWHC 2745 (Admin) IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION ADMINISTRATIVE COURT Case No: CO/3111/2015 Manchester Civil Justice Centre Date: 01/11/2016 Before
More informationSocial Security Tribunal of Canada Achievements Report
Social Security Tribunal of Canada Achievements Report 2013-2016 Social Security Tribunal of Canada Telephone (toll-free): 1-877-227-8577 Fax: 1-855-814-4117 E-mail: info.sst-tss@canada.gc.ca Website:
More informationB. v. EPO. 120th Session Judgment No. 3510
Organisation internationale du Travail Tribunal administratif International Labour Organization Administrative Tribunal Registry s translation, the French text alone being authoritative. B. v. EPO 120th
More informationIN THE SUPREME COURT OF BRITISH COLUMBIA
IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: British Columbia (Ministry of Justice) v. Maddock, 2015 BCSC 746 Date: 20150423 Docket: 14-3365 Registry: Victoria In the matter of the decisions of the
More informationIN THE SUPREME COURT OF BRITISH COLUMBIA
Citation: Gringmuth v. The Corp. of the Dist. of North Vancouver Date: 20000524 2000 BCSC 807 Docket: C995402 Registry: Vancouver IN THE SUPREME COURT OF BRITISH COLUMBIA BETWEEN: AXEL GRINGMUTH PLAINTIFF
More informationSUPREME COURT OF QUEENSLAND
SUPREME COURT OF QUEENSLAND CITATION: Spear v State of Queensland & anor [2003] QSC 310 PARTIES: FILE NO/S: 141 of 2001 DIVISION: PROCEEDING: ORIGINATING COURT: BARRY PHILIP SPEAR (Plaintiff) v STATE OF
More informationINTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES. Eco Oro Minerals Corp. Republic of Colombia. (ICSID Case No.
INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES Eco Oro Minerals Corp. v. Claimant Republic of Colombia Respondent PROCEDURAL ORDER No. 2 DECISION ON BIFURCATION Members of the Tribunal Mrs.
More informationCOURT OF APPEAL FOR BRITISH COLUMBIA
COURT OF APPEAL FOR BRITISH COLUMBIA Citation: Between: And Unrau v. McSween, 2013 BCCA 343 William Unrau Date: 20130717 Docket: CA040345 and CA040885 Appellant (Plaintiff) Robert D. McSween and James
More informationNumber 13 of 2006 PARENTAL LEAVE (AMENDMENT) ACT 2006 ARRANGEMENT OF SECTIONS
Number 13 of 2006 PARENTAL LEAVE (AMENDMENT) ACT 2006 Section 1. Interpretation. ARRANGEMENT OF SECTIONS 2. Entitlement to parental leave. 3. section 6 of 4. section 7 of 5. section 8 of 6. section 10
More informationIN THE YOUTH COURT AT AUCKLAND CRN: [2017] NZYC 375. NEW ZEALAND POLICE Prosecutor. H C Young Person
NOTE: NO PUBLICATION OF A REPORT OF THIS PROCEEDING IS PERMITTED UNDER S 438 OF THE CHILDREN, YOUNG PERSONS, AND THEIR FAMILIES ACT 1989, EXCEPT WITH THE LEAVE OF THE COURT THAT HEARD THE PROCEEDINGS,
More information114th Session Judgment No. 3159
Organisation internationale du Travail Tribunal administratif International Labour Organization Administrative Tribunal 114th Session Judgment No. 3159 THE ADMINISTRATIVE TRIBUNAL, Considering the complaint
More informationBenyuan Zhou, Likang Zhou and Mansoor Bayat-Shahbazi, Defendants. Thomas Ozere and Erin Durant, for the Respondent ENDORSEMENT
SUPERIOR COURT OF JUSTICE - ONTARIO CITATION: Nkunda-Batware v. Zhou, 2016 ONSC 2942 COURT FILE NO.: 12-54505 DATE: 2016/05/02 RE: Beate Nkunda-Batware, Plaintiff AND Benyuan Zhou, Likang Zhou and Mansoor
More informationASSESSING CAPACITY IN CANADA: CROSS-PROVINCIAL EXAMINATION OF CAPACITY LEGISLATION
ASSESSING CAPACITY IN CANADA: CROSS-PROVINCIAL EXAMINATION OF CAPACITY LEGISLATION PROVINCE LEGISLATION TYPE OF DECISIONAL CAPACITY Definition of capacity/capable? ALBERTA Personal Directives Act, RSA
More informationIN THE SUPREME COURT OF BRITISH COLUMBIA
IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: Between: And Scott v. British Columbia (The Police Complaint Commissioner), 2017 BCSC 961 Jason Scott Date: 20170609 Docket: S164838 Registry: Vancouver
More informationSTATUTE OF THE COMMONWEALTH SECRETARIAT ARBITRAL TRIBUNAL
STATUTE OF THE COMMONWEALTH SECRETARIAT ARBITRAL TRIBUNAL Adopted by Commonwealth Governments on 1 July 1995 and amended by them on 24 June 1999, 18 February 2004, 14 May 2005, 16 May 2007 and 28 May 2015.
More informationWorld Bank Administrative Tribunal. Decision No DG (No. 2), Applicant. International Bank for Reconstruction and Development, Respondent
World Bank Administrative Tribunal 2017 Decision No. 575 DG (No. 2), Applicant v. International Bank for Reconstruction and Development, Respondent (Preliminary Objection) World Bank Administrative Tribunal
More informationHealth Professions Review Board
Health Professions Review Board Suite 900, 747 Fort Street Victoria British Columbia Telephone: 250 953-4956 Toll Free: 1-888-953-4986 (within BC) Facsimile: 250 953-3195 Mailing Address: PO 9429 STN PROV
More informationHUMAN RIGHTS TRIBUNAL OF ONTARIO DECISION
HUMAN RIGHTS TRIBUNAL OF ONTARIO B E T W E E N: Amanda Kerr Applicant -and- Global TeleSales of Canada Inc. Respondent DECISION Adjudicator: Eric Whist Date: October 9, 2012 File Number: 2011-09375-I Citation:
More informationDisciplinary & Dispute Resolution Procedures
Disciplinary & Dispute Resolution Procedures RCSA, PO Box 18028, Collins Street East, Victoria 8003 Australia T: +61 3 9663 0555 F: +61 3 9663 5099 E: ethics@rcsa.com.au www.rcsa.com.au ABN 41 078 60 6
More informationJersey Employment and Discrimination Tribunal
Jersey Employment and Discrimination Tribunal Employment (Jersey) Law 2003 NOTIFICATION OF THE TRIBUNAL S JUDGMENT Applicant: Mrs Suzanne MacLagan Respondent: States Employment Board Date: 16 March 2017
More informationIndexed As: Canadian National Railway v. Seeley et al. Federal Court Mandamin, J. February 1, 2013.
Canadian National Railway (applicant) v. Denise Seeley and Canadian Human Rights Commission (respondents) and Ontario Human Rights Commission, Federally Regulated Employers - Transportation and Communication
More informationTable of Contents. Injury Manual Insurer s Decisions and Appeals. Division Summary Information
Table of Contents Division 11 11.0 Insurer s Decisions and Appeals 11.1 Summary Information 11.1.1 Division 11 Legislation Section 188 - Insurer s decisions final Section 189 - Insurer to give written
More informationImport VAT VAT input tax claim application to Tribunal made out of time - should Tribunal allow to proceed yes
[14] UKFTT 760 (TC) TC03880 Appeal number: TC/13/06459, TC/13/06460 & TC/13/06462 Import VAT VAT input tax claim application to Tribunal made out of time - should Tribunal allow to proceed yes FIRST-TIER
More informationDATA PROTECTION ACT 1998 SUPERVISORY POWERS OF THE INFORMATION COMMISSIONER MONETARY PENALTY NOTICE
DATA PROTECTION ACT 1998 SUPERVISORY POWERS OF THE INFORMATION COMMISSIONER MONETARY PENALTY NOTICE To: The Data Supply Company Ltd Of: 2 Church Close, Wythall, Birmingham, B47 6JQ 1. The Information Commissioner
More informationBEFORE THE IMMIGRATION ADVISERS COMPLAINTS AND DISCIPLINARY TRIBUNAL. Decision No: [2013] NZIACDT 28. Reference No: IACDT 027/11
BEFORE THE IMMIGRATION ADVISERS COMPLAINTS AND DISCIPLINARY TRIBUNAL Decision No: [2013] NZIACDT 28 Reference No: IACDT 027/11 IN THE MATTER of a referral under s 48 of the Immigration Advisers Licensing
More informationWitness Application CRIME VICTIM ASSISTANCE PROGRAM. Before You Apply
CRIME VICTIM ASSISTANCE PROGRAM Witness Application The Crime Victim Assistance Program (CVAP) provides benefits to Witnesses of an injured or deceased victim of violent crime in accordance with the Crime
More informationNeutral Citation Number: [2017] EWCA Civ 1711
Neutral Citation Number: [2017] EWCA Civ 1711 IN THE COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM LIVERPOOL COUNTY COURT MR GARSIDE QC A07LV01 Before : Case No: B3/2016/2244 Royal Courts of Justice
More informationCANADA-BRITISH COLUMBIA ENVIRONMENTAL OCCURRENCES NOTIFICATION AGREEMENT (the Agreement )
CANADA-BRITISH COLUMBIA ENVIRONMENTAL OCCURRENCES NOTIFICATION AGREEMENT (the Agreement ) BETWEEN Her Majesty the Queen in right of CANADA as represented by the Minister of the Environment for Canada (
More informationCASE NAME: 8162 v. Registrar, Motor Vehicle Dealers Act, 2002
Licence Appeal Tribunal Tribunal d'appel en matière de permis DATE: 2014-01-15 FILE: 8162/MVDA CASE NAME: 8162 v. Registrar, Motor Vehicle Dealers Act, 2002 Appeal from a Proposal of the Registrar under
More informationIN THE SUPREME COURT OF BRITISH COLUMBIA
IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: Between: Gorenshtein v. British Columbia (Employment Standards Tribunal), 2013 BCSC 1499 Date: 20130819 Docket: S130604 Registry: Vancouver Tatiana Gorenshtein
More informationRULES OF PRACTICE AND PROCEDURE. May 14, 2015
RULES OF PRACTICE AND PROCEDURE May 14, 2015 INDEX PART 1 INTRODUCTION... 1 PART 2 GENERAL RULES... 2 Rule 1 How the Rules are Applied... 2 Applying the Rules... 2 Conflict with the Act... 2 Rule 2 Consequences
More information[Published in the Journal of Laws of the Republic of Poland on 30 July 2015, item 1064] The Constitutional Tribunal Act[1] of 25 June 2015.
The Act of 19 November 2015 (/en/about the tribunal/legal basis/the constitutional tribunal act/#19november) amending the Constitutional Tribunal Act The Act of 22 December 2015 (/en/about the tribunal/legal
More informationUNITED NATIONS APPEALS TRIBUNAL TRIBUNAL D APPEL DES NATIONS UNIES
UNITED NATIONS APPEALS TRIBUNAL TRIBUNAL D APPEL DES NATIONS UNIES Case No. 2010-120 Messinger (Appellant) v. Secretary-General of the United Nations (Respondent) JUDGMENT Before: Judgment No.: Judge Sophia
More information