Province’s tribunal can award costs as a tool against conduct that undermines the complaint process
The British Columbia Human Rights Tribunal has the power to award “costs” against a party as a form of punishment. This can be a powerful tool to ensure that parties do not engage in conduct that is unfair or jeopardizes the integrity of the complaint process.
The power to award costs is provided in section 37(4) of the BC Human Rights Code, which states:
“37(4) The member or panel may award costs
(a) against a party to a complaint who has engaged in improper conduct during the course of the complaint, and
(b) without limiting paragraph (a), against a party who contravenes a rule under section 27.3 (2) or an order under section 27.3 (3).”
Costs are discretionary and intended to punish a party that engages in improper conduct. Such an award is meant to deter and sanction improper conduct. The tribunal has stated that improper conduct includes any conduct which has a significant impact on the integrity of the tribunal’s processes, including conduct which has a significant prejudicial impact on another party.
In exercising its discretion to award costs and the amount to award, the tribunal will consider:
The tribunal is also permitted to consider a party’s explanation for their...
The federal government accused the medical providers of performing medically unnecessary procedures. PHOENIX — A physicians group in Phoenix has agreed to pay over $4 million to resolve allegations...