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ARTICLE · 29 APRIL 2010

Cost Recovery Under the Human Rights System - Is it Just an Urban Legend?

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The ability to recover legal costs incurred in pursuing or defending a human rights complaint has been the subject of debate for years.

CanadaEmployment and HR
Bettina Burgess
Bettina Burgess
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The ability to recover legal costs incurred in pursuing or defending a human rights complaint has been the subject of debate for years. Last week, the Supreme Court of Canada ("SCC") has indicated its intention to resolve this issue within the federal human rights regime by granting leave to appeal the decision to deny a complainant her legal costs in Canada (Canadian Human Rights Commission) v. Canada (Attorney General), Donna Mowat. Although the SCC will be considering the issue of cost recovery in the Federal context, we are hopeful that it will lead to certainty in all Canadian jurisdictions.

Mowat was a Master Corporal in the Canadian Armed Forces ("CAF") with a problematic career from the start. After she was released for becoming intoxicated at a CAF dinner and using abusive language toward her superiors and subordinates, she commenced a complaint under the Canadian Human Rights Act alleging discrimination on the basis of sex, and sexual harassment. Mowat

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