What is the current state of the law on retaliation under section 43 of the BC Civil Code?
British Columbia, Canada
The following excerpt is from Customer v. The Restaurant and others, 2021 BCHRT 116 (CanLII):
Section 43 of the Code provides: Protection 43 A person must not evict, discharge, suspend, expel, intimidate, coerce, impose any pecuniary or other penalty on, deny a right or benefit to or otherwise discriminate against a person because that person complains or is named in a complaint, might complain or be named in a complaint, gives evidence, might give evidence or otherwise assists or might assist in a complaint or other proceeding under this Code. Although the word “retaliation” does not appear in this section, the term is frequently used as a shorthand to describe the conduct that it prohibits: Gichuru v. Law Society of BC, 2010 BCCA 543 at paras. 40-41.
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