Court of Appeal

Decision Information

Decision Content

                                NOVA SCOTIA COURT OF APPEAL

Citation: Halifax (Regional Municipality) v. Nova Scotia

(Human Rights Commission), 2008 NSCA 108

 

Date: 20081119

Docket: CA 290521

Registry: Halifax

Between:

 

Halifax Regional Municipality

Appellant

v.

 

Nova Scotia Human Rights Commission and Mary Harnish

 

Respondents

 

 

Judge:                 The Honourable Justice M. Jill Hamilton                 

 

Appeal Heard:     November 13, 2008        

 

Subject:               Human Rights, Interlocutory appeal

 

Summary:            HRM appealed an interlocutory decision of a Board of Inquiry that decided: (1) co-workers named in the narrative section of the complaint form were not parties to the complaint;  and (2) testimony concerning seven alleged examples of discrimination not included in the complaint form would be permitted at the hearing before it.

 

Issue:                   Was the interlocutory appeal premature?

 

Result:                 Appeal dismissed as being premature.  Only in exceptional circumstances should interlocutory decisions of a Board of Inquiry be challenged in advance of the Board rendering its final decision.

 

 

 

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