Findings of fact

Complaint process

Last updated: January 16, 2024

The Tribunal makes findings of fact after hearing evidence at a hearing of a complaint.

For example, facts include:

Whether a protected characteristic was a factor in negative treatment
Whether the respondent accommodated to the point of undue hardship
Whether work is similar or substantially similar under s. 12
Other findings of fact
Factual inferences

The court will only give a remedy if a material (important) finding of fact is unreasonable. Learn more about the unreasonableness test.

Whether a protected characteristic was a factor in negative treatment

University of British Columbia v. Kelly, 2016 BCCA 271
Forsyth v. Coast Mountain Bus Company and CAW Local 2200, 2013 BCCA 257, leave to appeal denied [2013] SCCA No. 338
Silver Campsites Ltd. v. James, 2012 BCSC 1437, appeal allowed on other grounds 2013 BCCA 292
Kinexus Bioinformatics Corporation v. Asad, 2010 BCSC 33
Langtry Industries Ltd. v. British Columbia (Human Rights Tribunal), 2009 BCSC 1091

Whether the respondent accommodated to the point of undue hardship

University of British Columbia v. Kelly, 2016 BCCA 271
Providence Health Care v. Dunkley, 2016 BCSC 1383

Whether work is similar or substantially similar under s. 12

Kraska v. Pennock, 2011 BCSC 109

Other findings of fact

Ismail v British Columbia (Human Rights Tribunal), 2013 BCSC 1079 at para 49
Gichuru v. The Law Society of British Columbia, 2013 BCSC 1325 at paras. 74-78; appeal dismissed 2014 BCCA 396
Victoria Shipyards Co. Ltd. v. Francis, 2013 BCSC 1410
Morgan-Hung v. British Columbia (Human Rights Tribunal), 2011 BCCA 122
Boehringer Ingelheim (Canada) Ltd./Ltee. v. Kerr, 2010 BCSC 427, aff’d 2011 BCCA 266
Coast Mountain Bus Company Ltd. v. National Automobile, Aerospace, Transportation and General Workers of Canada (CAW – Canada), Local 111, 2010 BCCA 447 at para. 110
Ross v. British Columbia (Human Rights Tribunal), 2009 BCSC 1969
International Forest Products Ltd. v. Sandhu, 2007 BCSC 201 at para 13; rev’d 2008 BCCA 204
Foglia v. Edwards, 2007 BCSC 861 at para. 30
Qin v. British Columbia (Human Rights Tribunal) et al, 2005 BCSC 1662 at paras. 14-23

Factual inferences

Victoria Gardens Housing Cooperative v Nicolosi, 2013 BCSC 1989
Langtry Industries Ltd. v. British Columbia (Human Rights Tribunal), 2009 BCSC 1091

Unreasonableness

Under s. 59(2) of the Administrative Tribunals Act, the court may set aside a finding of fact if there is no evidence to support it or if, in light of all of the evidence, the finding is otherwise unreasonable.

The courts have said that there must be some evidence logically capable of supporting a finding of fact:

Kinexus Bioinformatics Corporation v. Asad, 2010 BCSC 33 at paras 26 – 29
Ross v. British Columbia (Human Rights Tribunal), 2009 BCSC 1969
The courts have said that evidence may support more than one version of the facts, but the court cannot give a remedy if the tribunal’s findings are supported by the evidence:
Forsyth v. Coast Mountain Bus Company and CAW Local 2200, 2013 BCCA 257, leave to appeal denied [2013] SCCA No. 338