Human Rights Complaint Dismissed

October 9, 2014

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.