Date:19980326 Docket: C.A.144161
NOVA SCOTIA COURT OF APPEAL
Cite as: Nova Scotia (Finance) v. Hodder, 1998 NSCA 86
Chipman, Freeman and Flinn, JJ.A.
IN THE MATTER OF:
The complaint of Wilson Hodder against the Nova Scotia
Department of Finance and the Nova Scotia Teachers’ Union
(N.S.H.R.C. Case No. 3.3.95) under the Human Rights Act,
R.S.N.S. 1989, c. 214, as amended
BETWEEN:
HER MAJESTY THE QUEEN in the right ) Karin McCaskill
of the PROVINCE OF NOVA SCOTIA ) for the Appellant
represented by the MINISTER OF FINANCE ) Minister of Finance
)
Appellant )
)
- and - )
) B. Lynn Reierson,
WILSON HODDER, NOVA SCOTIA HUMAN ) A. Wayne MacKay,
RIGHTS COMMISSION and PATRICK J. ) Valerie A. MacKenzie
DUNCAN, Q.C., a Board of Inquiry appointed ) for the Respondents
pursuant to Section 32A(1) of the Human )
Rights Act ) Respondent ) Appeal Heard:
) March 26, 1998
)
)
) Judgment Delivered:
) March 26, 1998
)
)
)
)
THE COURT: Appeal dismissed per oral reasons of Chipman, J.A.; Freeman and Flinn, JJ.A. concurring.
CHIPMAN, J.A.: (Orally)
This is an appeal from a decision of a Board of Inquiry appointed under the Human Rights Act, R.S.N.S. 1989, c. 214, as amended, resolving preliminary motions relating to its jurisdiction.
For the reasons given by this Court in Workers’ Compensation Board (N.S.) v. O’Quinn (1995), 147 N.S.R. (2d) 28, we are of the opinion that the administration by the appellant of the pension and other benefits at issue is capable of being considered the provision of services or facilities within the meaning of s. 5(1)(a) of the Human Rights Act. The Board of Inquiry therefore has jurisdiction to proceed with the inqury into the complaint before it. It is not necessary, at this stage, to address the other issues raised before us and we express no opinion on them.
The appeal is dismissed without costs.
Chipman, J.A.
Concurred in:
Freeman, J.A.
Flinn, J.A.
C.A. 144161
NOVA SCOTIA COURT OF APPEAL
BETWEEN:
HER MAJESTY THE QUEEN in the )
right of the PROVINCE OF NOVA )
SCOTIA represented by the )
MINISTER OF FINANCE ) REASONS FOR
) JUDGMENT BY:
Appellant )
)
- and - ) CHIPMAN, J.A.
) (Orally)
WILSON HODDER, the NOVA )
SCOTIA HUMAN RIGHTS )
COMMISSION and PATRICK J. )
DUNCAN, Q.C., a Board of Inquiry )
appointed pursuant to Section 32A(1) )
of the Human Rights Act )