Monday, March 14, 2011

BC Court of Appeal--standard of review of Human Rights Tribunal Decisions

In Lavender Co-Op Housing the BC Court of Appeal today upheld a lower court's decision that overturned the BC Human Right's tribunal finding of prima facie discrimination on the basis of marital status against the membership rules of a cooperative housing society.. For those interested in the "standard of review" this is a good case on the applicable standard to questions of "mixed law and facts" (and yes, it is correctness).  For the rest of us, the case confirms that prima facie discrimination is established  not by a comparative analysis, but by determining whether the conduct complained of is prohibited under the Human Rights Code by definition. 

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