Background: Dawn Patricia McNeil, formerly employed by Telus Employer Solutions, filed a human rights complaint alleging discrimination based on mental and physical disabilities. She claimed that her employer failed to accommodate her health conditions and ultimately did not renew her employment contract.

Legal Arguments/Issues: McNeil argued that her work environment exacerbated her health issues, which included symptoms of Chronic Fatigue Syndrome and Myalgic Encephalomyelitis. She requested accommodations, such as permission to work from home, which Telus Employer Solutions denied, citing her performance issues. The British Columbia Human Rights Tribunal initially dismissed her complaint, stating it had no reasonable prospect of success, which McNeil contested in a judicial review.

Judicial Review: The Supreme Court of British Columbia reviewed the Tribunal’s decision, focusing on the adequacy of the complaint’s dismissal and the consideration of medical evidence and employment accommodation under the Human Rights Code. The court found that the Tribunal had exercised its discretion arbitrarily by not fully considering the evidence of disability submitted after McNeil's contract was not renewed, and the employer's duty to accommodate her disability.

Conclusion: The court set aside the Tribunal’s decision and remitted the case for reconsideration. It directed the Tribunal to assess if Telus Employer Solutions could have accommodated McNeil without undue hardship.

Costs/Awards: McNeil was entitled to her costs from Telus Employer Solutions, but not from the Tribunal.