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Difference between revisions of "BC Human Rights Code (6:III)"
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BC Human Rights Code (6:III) (view source)
Revision as of 21:29, 5 September 2023
, 21:29, 5 September 2023→2. How to File a Complaint
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The BC Court of Appeal has found it to be within the public interest to accept a complaint that was filed late if the complainant was operating off erroneous legal advice regarding the one-year limitation date: [https://canlii.ca/t/jbtjn The Parent obo the Child v. The School District,] 2020 BCCA 333. The Tribunal has found that it can be in the public interest to accept late complaints where the delay is due to a disabling condition: [https://canlii.ca/t/g8blz Naziel-Wilson v. Providence Health Care and another,] 2014 BCHRT 170 at para. 21. See also [https://www.canlii.org/en/bc/bchrt/doc/2023/2023bchrt40/2023bchrt40.html Sheriff v. Fairleigh Dickenson University,] 2023 BCHRT 40 at para. 38, where the Tribunal discussed the impact of trauma on a person’s ability to file a complaint within the one-year time limit. | The BC Court of Appeal has found it to be within the public interest to accept a complaint that was filed late if the complainant was operating off erroneous legal advice regarding the one-year limitation date: [https://canlii.ca/t/jbtjn The Parent obo the Child v. The School District,] 2020 BCCA 333. The Tribunal has found that it can be in the public interest to accept late complaints where the delay is due to a disabling condition: [https://canlii.ca/t/g8blz Naziel-Wilson v. Providence Health Care and another,] 2014 BCHRT 170 at para. 21. See also [https://www.canlii.org/en/bc/bchrt/doc/2023/2023bchrt40/2023bchrt40.html Sheriff v. Fairleigh Dickenson University,] 2023 BCHRT 40 at para. 38, where the Tribunal discussed the impact of trauma on a person’s ability to file a complaint within the one-year time limit. | ||
The BC Human Rights Tribunal has been severely backlogged over the last couple of years. Potential complainants should be aware that it may take up to a year for a case to be screened and accepted for filing. | The BC Human Rights Tribunal has been severely backlogged over the last couple of years. Potential complainants should be aware that it may take up to a year for a case to be screened and accepted for filing. | ||
=== 3. Screening === | === 3. Screening === | ||