Nova Scotia (Finance) v. MacNeil Estate
The administration by the appellants 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; therefore the Board of Inquiry has jurisdiction to proceed with the inquiry into the complaint.
Source-derived case information.
- Citation
- 1998 NSCA 85
- Parties
- Appellant: Her Majesty the Queen in right of the Province of Nova Scotia represented by the Minister of Finance; Appellant: The Nova Scotia Teachers' Union; Respondent: The Estate of Grant MacNeil; Respondent: Nova Scotia Human Rights Commission; Respondent: Patrick J. Duncan, Q.C., Board of Inquiry appointed pursuant to Section 32A(1) of the Human Rights Act
- Court
- Nova Scotia Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 26 March 1998
- Procedural Posture
- Human Rights / Appeal From Board of Inquiry Decision on Jurisdiction
- Outcome
- Appeal dismissed
- Legal Topics
- Jurisdiction of Human Rights Tribunal, Provision of Services or Facilities, Pension Benefits, Preliminary Motion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen in right of the Province of Nova Scotia represented by the Minister of Finance
Appellant
The Nova Scotia Teachers' Union
Appellant
The Estate of Grant MacNeil
Respondent
Nova Scotia Human Rights Commission
Respondent
Patrick J. Duncan, Q.C., Board of Inquiry appointed pursuant to Section 32A(1) of the Human Rights Act
Respondent
Procedural Posture
Human Rights / Appeal From Board of Inquiry Decision on Jurisdiction
Legal Issues
- 1 Whether administration of pension and benefits constitutes provision of services or facilities under s.5(1)(a) of the Human Rights Act
- 2 Whether the Board of Inquiry has jurisdiction to hear the complaint
Ratio Decidendi
The administration by the appellants 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; therefore the Board of Inquiry has jurisdiction to proceed with the inquiry into the complaint.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed without costs
- Board of Inquiry has jurisdiction to proceed with the inquiry into the complaint
Full Case Text
Judgment text and source record
1 paragraphs
Nova Scotia (Finance) v. MacNeil Estate Court Court of Appeal Date 1998-03-26 Citation 1998 NSCA 85 Docket 144160, CA 144158 Judge/Registrar/Adjudicator Freeman, Gerald B. (Honourable Justice) (CA); Flinn, Edward J. (Honourable Justice); Chipman, David (Honourable Justice) Document Type Decision Relations Library Sheet - Nova Scotia (Finance) v. MacNeil Estate - 1998 NSCA 85 - 1998-03-26 - Library Sheet Decision Content Date:19980326 Docket: C.A.144158 C.A. 144160 NOVA SCOTIA COURT OF APPEAL Cite as: Nova Scotia ( Finance) v. MacNeil Estate, 1998 NSCA 85 Chipman, Freeman and Flinn, JJ.A. IN THE MATTER OF: The complaint of Grant MacNeil against Her Majesty the Queen in Right of the Province of Nova Scotia represented by the Nova Scotia Department of Finance and the Nova Scotia Teachers’ Union (N.S.H.R.C. Case No. 3.2.95) pursuant to the provisions of 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 ) Karen A. Fitzner ) for the Appellant Union - and - ) ) B. Lynn Reierson, ) A. Wayne MacKay, THE NOVA SCOTIA TEACHERS’ UNION ) Valerie A. MacKenzie ) for the Respondents ) Appellant ) Appeal Heard: ) March 26, 1998 - and - ) ) THE ESTATE OF GRANT MacNEIL, THE ) Judgment Delivered: NOVA SCOTIA HUMAN RIGHTS ) March 26, 1998 COMMISSION and PATRICK J. DUNCAN, ) Q.C., a Board of Inquiry appointed pursuant to ) Section 32A(1) of the Human Rights Act, ) R.S.N.S.1989, c. 214, as amended ) ) Respondents ) ) ) 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 appellants 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 inquiry 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. No.144158 C.A. No. 144160 NOVA SCOTIA COURT OF APPEAL BETWEEN: HER MAJESTY THE QUEEN in the right of the PROVINCE OF NOVA SCOTIA ) represented by THE MINSITER OF ) FINANCE ) ) Appellant ) - and - ) REASONS FOR ) JUDGMENT BY: THE NOVA SCOTIA TEACHERS’ ) UNION ) CHIPMAN, J.A. ) (Orally) Appellant ) ) - and - ) ) THE ESTATE OF GRANT MacNEIL, ) 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, R.S.N.S. 1989, ) c. 214, as amended ) ) Respondents )