What is the test for s. 9(6) of the Human Rights Code?

British Columbia, Canada


The following excerpt is from Seattle Environmental Consulting Ltd. v. Workers’ Compensation Board of British Columbia, 2017 BCCA 386 (CanLII):

This test has consistently been applied in s. 9(6) applications, as illustrated by this recent expression of the standard in Lungu v. British Columbia (Human Rights Tribunal), 2016 BCCA 136:

A review application brought before a division of the court under s. 9(6) of the Act does not provide an opportunity for a rehearing of the original chambers application. The standard of review is whether the justice sitting in chambers was wrong in law, wrong in principle, or misconceived the facts. In the absence of such an error, the court will not interfere with the chambers judge’s exercise of discretion: DeFehr v. DeFehr, 2002 BCCA 139 at para. 6.

Other Questions


What is the meaning of the language of the Canadian Human Rights Code in the context of human rights legislation? (British Columbia, Canada)
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 test for determining whether there has been a breach of an individual’s rights under s. 15(1) of the Canadian Human Rights Code? (British Columbia, Canada)
Is the Human Rights Code "fundamental law" and enjoys quasi-constitutional status? (British Columbia, Canada)
Is an arbitrator obligated to ensure that the provisions of a collective agreement comply with the Human Rights Code? (British Columbia, Canada)
What is the test for compliance with R. 37 of the Canadian Human Rights Code? (British Columbia, Canada)
What factors will be considered in determining whether s.15(1) of the Canadian Human Rights Code has been infringed? (British Columbia, Canada)
When is hearsay evidence admitted under Rule 51(9) of the Canadian Human Rights Code? (British Columbia, Canada)
What is the purpose of s. 15(1) of the Canadian Human Rights Code? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.