Fraser Health Authority v. Rush
Patricia Rush
Law Firm / Organization
Ascent Employment Law
Lawyer(s)

Trevor R. Thomas

British Columbia Human Rights Tribunal
Fraser Health Authority
Law Firm / Organization
Dives Harper Stanger & Mizrahi LLP
Lawyer(s)

Alon Mizrahi

  • Facts: Patricia Rush, a nurse at Fraser Health Authority (FHA), filed a human rights complaint alleging discrimination based on physical and mental disabilities. She claimed FHA failed to accommodate her disabilities, particularly after being required to use a new data entry system and facing health challenges, including cancer and surgery.

  • Issue: The main issue was whether the British Columbia Human Rights Tribunal erred in refusing to dismiss Rush’s complaint as untimely, considering whether Rush’s claims constituted a "continuing contravention" of the Human Rights Code, thus falling within the filing deadline.

  • Court’s Ruling: The court found that the Human Rights Tribunal's decision to not dismiss Rush’s complaint was based on a misapprehension of evidence, particularly the timeline of events and correspondence between FHA and Rush. The court ruled this misapprehension materially affected the tribunal’s decision, making it patently unreasonable.

  • Costs/Damages: The document did not specify the exact amount of costs or damages awarded to the successful party. The focus was on the process of judicial review and the Tribunal’s decision on the timeliness of the complaint, rather than on an award of costs or damages.

Supreme Court of British Columbia
S218147
Employment law
Petitioner