Human Rights Complaint Dismissed

Stein v. VCHA and Freeze, 2014 BCHRT 227

David Bell and Mary Nguyen acted for the respondents Vancouver Coastal Heath Authority and its employees in a human rights complaint brought by a prospective employee.  The complainant alleged that she was not hired for a position as a cardiac technologist on the basis of her age, ancestry, place of origin, mental disability and race. Most elements of the complaint were dismissed on a preliminary application, but the matter continued to a hearing on the issue of age discrimination.  After hearing all of the evidence, the Tribunal accepted the respondents’ arguments and non-discriminatory explanations for their conduct.  The matter was dismissed.  Notably, Guild Yule sought and was awarded costs against the complainant for her improper conduct during the hearing, a remedy granted relatively rarely in human rights matters.