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ARTICLE · 18 NOVEMBER 2011

British Columbia (Workers Compensation Board) v. Figliola

WeirFoulds LLP
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This decision addressed the jurisdiction of the British Columbia Human Rights Tribunal ("BCHRT") to consider an application regarding a Workers Compensation Board ("WCB") policy, when the substance of the application had already been heard by a WCB Review Officer, who had considered the policy and determined that it adhered to the B.C. "Human Rights Code".

CanadaGovernment, Public Sector
Mark Edelstein
Mark Edelstein
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2011 SCC 52 (Released October 27, 2011)

Administrative Law – Human Rights – Tribunal Jurisdiction

This decision addressed the jurisdiction of the British Columbia Human Rights Tribunal ("BCHRT") to consider an application regarding a Workers Compensation Board ("WCB") policy, when the substance of the application had already been heard by a WCB Review Officer, who had considered the policy and determined that it adhered to the B.C. Human Rights Code. The respondents could have applied for judicial review of the decision but instead decided to re-litigate the matter at the BCHRT.

The WCB sought to dismiss the application pursuant to s. 27(1)(f) of the Code, which allows the BCHRT to dismiss an application if it had been appropriately dealt with in another proceeding. The BCHRT dismissed the motion, applying the issue estoppel analysis set out in Danyluk v Ainsworth Technologies Inc. The BCHRT decision was overturned on judicial review, but restored by the Court

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