Nova Scotia (Finance) v. Hodder
The administration by the appellant of pension and other benefits is capable of being considered the provision of services or facilities under 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 86
- Parties
- Appellant: Her Majesty the Queen in the right of the Province of Nova Scotia represented by the Minister of Finance; Respondent: Wilson Hodder; 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
- Appeal From Board of Inquiry Under the Human Rights Act / Decision on Preliminary Jurisdictional Motions (oral Reasons)
- Outcome
- Appeal dismissed
- Legal Topics
- Jurisdiction of Human Rights Tribunal, Provision of Services or Facilities, Preliminary Motions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen in the right of the Province of Nova Scotia represented by the Minister of Finance
Appellant
Wilson Hodder
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
Appeal From Board of Inquiry Under the Human Rights Act / Decision on Preliminary Jurisdictional Motions (oral Reasons)
Legal Issues
- 1 Whether administration of pension and other 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 proceed with the complaint
Ratio Decidendi
The administration by the appellant of pension and other benefits is capable of being considered the provision of services or facilities under 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
- Board of Inquiry has jurisdiction to proceed with the inquiry
Full Case Text
Judgment text and source record
1 paragraphs
Nova Scotia (Finance) v. Hodder Court Court of Appeal Date 1998-03-26 Citation 1998 NSCA 86 Docket CA 144161 Judge/Registrar/Adjudicator Flinn, Edward J. (Honourable Justice); Freeman, Gerald B. (Honourable Justice) (CA); Chipman, David (Honourable Justice) Document Type Decision Relations Library Sheet - Nova Scotia (Finance) v. Hodder - 1998 NSCA 86 - 1998-03-26 - Library Sheet Decision Content 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 )