Human Rights Law – Page 6 – Schenk & Associates

Harassing a Supervisor is not Discrimination

2016 BCCA 146 Schrenk v. British Columbia (Human Rights Tribunal) deals with discrimination against a supervisor. The Court of Appeal has ruled that the Human Rights Tribunal only has jurisdiction on matters "regarding employment". An employment relationship must exist in…

Evidentiary Considerations in a Judicial Review Proceeding

by Johannes Schenk / On March 17, 2016 / In Human Rights Law, Labour Law, Municipal Law, Professional Discipline

Source: 2016 BCSC 451 Sayami v. British Columbia (Superintendent of Motor Vehicles) This case deals with evidentiary considerations in a judicial review context of an immediate roadside suspension. The IRS process is unique but the principles discussed in this decision…

Employment Law

by Johannes Schenk / On March 16, 2016 / In Human Rights Law, Labour Law, Litigation, Uncategorized

Retaliation and Dismissal of Human Rights Complaints

by Johannes Schenk / On October 28, 2014 / In Employment Law, Human Rights Law, Litigation, Professional Discipline

Chiang v. British Columbia Human Rights Tribunal, deals with dismissal procedures on a human rights complaint under section 27 of the Human Rights Act. The case also deals with complaint driven retaliation. Of note are the tests outlined in this…

Oppenheimer Park Injunction

by Johannes Schenk / On October 15, 2014 / In Human Rights Law, Litigation, Municipal Law

Vancouver Board of Parks and Recreation v. Williams, concerns the Oppenheimer Park occupation. The injunction was issued last week to be effective today. Interestingly, the injunction was considered on a tri-partite test as opposed to statutory considerations on the basis…

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