Kelly v. Nova Scotia Board of Inquiry under the Human Rights Act
The Court dismissed the appeal because it agreed the Chair of the Board of Inquiry's analysis and conclusions were correct and therefore the appeal must be dismissed; the Court declined to determine the standard of review and applied the normal practice of not awarding costs for tribunal appeals.
Source-derived case information.
- Citation
- 2018 NSCA 48
- Parties
- Appellant: Pearl Kelly; Respondent: Nova Scotia Board of Inquiry under the Human Rights Act; Respondent: Nova Scotia Human Rights Commission; Respondent: Nova Scotia Liquor Corporation; Respondent: Attorney General of Nova Scotia
- Court
- Nova Scotia Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 11 June 2018
- Procedural Posture
- Tribunal Appeal / Decision on Appeal at Nova Scotia Court of Appeal (appeal Heard June 11, 2018; Reasons Released June 13, 2018)
- Outcome
- Appeal dismissed without costs
- Legal Topics
- Judicial Review, Standard of Review, Costs in Tribunal Appeals, Tribunal Deference
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pearl Kelly
Appellant
Nova Scotia Board of Inquiry under the Human Rights Act
Respondent
Nova Scotia Human Rights Commission
Respondent
Nova Scotia Liquor Corporation
Respondent
Attorney General of Nova Scotia
Respondent
Procedural Posture
Tribunal Appeal / Decision on Appeal at Nova Scotia Court of Appeal (appeal Heard June 11, 2018; Reasons Released June 13, 2018)
Legal Issues
- 1 Whether the Board of Inquiry's analysis and conclusions were correct
- 2 Whether the Court should decide the appropriate standard of review on this appeal
- 3 Whether costs should be awarded in a tribunal appeal
Ratio Decidendi
The Court dismissed the appeal because it agreed the Chair of the Board of Inquiry's analysis and conclusions were correct and therefore the appeal must be dismissed; the Court declined to determine the standard of review and applied the normal practice of not awarding costs for tribunal appeals.
Court Disposition
Appeal dismissed without costs
Orders
- Appeal dismissed without costs. An order will issue accordingly.
Full Case Text
Judgment text and source record
1 paragraphs
Kelly v. Nova Scotia Board of Inquiry under the Human Rights Act Court Court of Appeal Date 2018-06-11 Citation 2018 NSCA 48 Docket CA 471805 Judge/Registrar/Adjudicator Farrar, David P.S. (Honourable Justice) (CA); Bryson, Peter M.S. (Honourable Justice) (CA); Bourgeois, Cindy A. (Honourable Justice) (CA) Document Type Decision Decision Content Nova Scotia Court of Appeal Citation: Kelly v. Nova Scotia Board of Inquiry under the Human Rights Act, 2018 NSCA 48 Date: 20180611 Docket: CA 471805 Registry: Halifax Between: Pearl Kelly Appellant v. Nova Scotia Board of Inquiry under the Human Rights Act, the Nova Scotia Human Rights Commission, the Nova Scotia Liquor Corporation and the Attorney General of Nova Scotia Respondents Judges: Farrar, Bryson and Bourgeois, JJ.A. Appeal Heard: June 11, 2018, in Halifax, Nova Scotia Written Release June 13, 2018 Held: Appeal dismissed without costs per oral reasons for judgment of Farrar, J.A.; Bryson and Bourgeois, JJ.A. concurring. Counsel: Julie MacPhee and Kyle Power, for the appellant Jason Cooke, for the respondent Nova Scotia Human Rights Commission Bradley Proctor and Michael Murphy, for the respondent Nova Scotia Liquor Corporation Lynn M. Connors, Q.C., for the respondent Nova Scotia Board of Inquiry (not participating) Edward A. Gores, Q.C., for the respondent Attorney General of Nova Scotia (not participating) Reasons for judgment: (Orally) [1] We are unanimously of the view that the appeal should be dismissed. We agree that the analysis and conclusions of the Chair of the Board of Inquiry are correct and it is not necessary to elaborate further or to address the standard of review. By saying this we are not suggesting that the standard of review is correctness. We just need not decide it on this appeal. [2] Although all parties have requested costs of this hearing, we see no reason to depart from the normal practice of this Court of not awarding costs on a tribunal appeal. [3] The appeal is dismissed without costs. An order will issue accordingly. Farrar, J.A. Concurred in: Bryson, J.A. Bourgeois, J.A.