What is the standard of review and deference of the Human Rights Tribunal?
British Columbia, Canada
The following excerpt is from HMTQ v. McGrath, 2009 BCSC 180 (CanLII):
On the issue of both the standard of review and deference, Tribunal counsel referred me to Berezoutskaia v. British Columbia (Human Rights Tribunal), 2006 BCCA 95. Berezoutskaia complained of employment discrimination. The employer, supported by the union, which may say something about the merits of the complaint, applied to dismiss the complaint on the grounds that it had no reasonable prospect of success. But the appeal revolved around the question of what was the proper standard of review. (I should note here that the Code section considered in Berezoutskaia was s. 27(1)(c), which the Province is not relying on here.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In what circumstances will the Respondent at the Human Rights Tribunal of B.C. claim that the Applicant be denied the right to continue to pursue his human rights claim? (British Columbia, Canada)
What is the test for determining whether the Human Rights Tribunal of BC has jurisdiction to hear a human rights complaint against the respondent? (British Columbia, Canada)
What is the standard of review analysis in the context of statutory review and judicial deference? (British Columbia, Canada)
What is the standard of review for an application for judicial review of a statutory tribunal? (British Columbia, Canada)
What are the standards of review applicable to a judicial review of a decision made under the Rules of Review Act? (British Columbia, Canada)
What is the standard of review in a judicial review of an employment tribunal case? (British Columbia, Canada)
What is the authority of the BC Human Rights Tribunal to defer a complaint? (British Columbia, Canada)
Does the standard of review apply to a review of a Workers’ Compensation Appeal Tribunal decision to which the decision was patently unreasonable? (British Columbia, Canada)
What is the standard of review for a preliminary assessment of a human rights complaint? (British Columbia, Canada)
What is the meaning of the language of the Canadian Human Rights Code in the context of human rights legislation? (British Columbia, Canada)
