SUPREME COURT OF NOVA SCOTIA
Citation: Brant v. Nova Scotia (Human Rights Commission), 2013 NSSC 56
Date: 20130215
Docket: Bwt. 398760
Registry: Bridgewater
Between:
Raymond James Brant
Applicant
v.
Nova Scotia Human Rights Commission and
Nova Scotia Power Inc.
Respondents
LIBRARY HEADING
Judge: The Honourable Justice C. Richard Coughlan
Subject: Administrative law - Judicial Review - Human Rights -
Procedural Fairness - Decision - Standard of Review
Summary: Mr. Brant responded to an employment posting by Nova Scotia Power. He was given a job interview. He was not successful in obtaining a position. Mr. Brant considered his physical disability was a factor in his not being hired. Following a resolution conference a Human Rights Officer recommended the complaint be dismissed as it raised no significant issue of discrimination. The Director and CEO dismissed the complaint. Mr. Brant sought Judicial Review of the decision on the basis he was denied procedural fairness and the decision did not meet the required standard of review.
Issue: Was Mr. Brant denied procedural fairness and if he was accorded procedural fairness did the decision meet the appropriate standard of review?
Result: Mr. Brant=s complaint was treated with procedural fairness. The standard of review for a decision whether to refer a complaint to a board of inquiry is reasonableness. The decision was reasonable. The application is dismissed.
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