Largest Costs Award In Alberta Human Rights History Upheld On Appeal

In Facey v Bantrel Management Services Co., 2020 ABQB 719 Rob Rakochey and Austin Ward successfully defeated an appeal of a watershed costs award granted against a complainant in a human rights case.

The respondent to the appeal, Bantrel Management Services Co., received a human rights complaint when it terminated the contract of the appellant complainant, an independent contractor, in relation to an oil sands project. The complainant alleged that Bantrel discriminated against him on the basis of race or colour by wrongly and prematurely terminating his contract, reducing his compensation, and treating him differently than other contractors. The Alberta Human Rights Tribunal dismissed the complainant's allegations as unsubstantiated in Facey v Bantrel Management Services Co., 2018 AHRC 9, and the parties were directed to make submissions regarding costs.