Sayyari v. Provincial Health Services Authority
Sarah Sayyari
Law Firm / Organization
Smeets Law Corporation
Lawyer(s)

Larry W. O. Smeets

Provincial Health Services Authority
Law Firm / Organization
Carfra Lawton LLP
Lawyer(s)

Karen Orr

Paul Lythgo
Law Firm / Organization
Carfra Lawton LLP
Lawyer(s)

Karen Orr

Background: Sarah Sayyari was employed by the Provincial Health Services Authority (PHSA) from January 22, 2018, until her termination on July 9, 2019. On July 7, 2020, she filed a human rights complaint alleging age-based discrimination. A settlement was reportedly reached during an early settlement meeting arranged by the British Columbia Human Rights Tribunal. However, Sayyari later refused to sign the settlement agreement and sought to amend her complaint to include a claim of mental disability discrimination.

Legal Issue: The primary issue was whether the Supreme Court had jurisdiction under Section 30(1) of the British Columbia Human Rights Code to determine the existence of a settlement agreement, or if this was within the exclusive jurisdiction of the Human Rights Tribunal. Sayyari argued that only the Tribunal had this authority.

Court's Decision: The Court of Appeal dismissed Sayyari’s appeal, upholding the lower court’s ruling. It determined that the Supreme Court had the jurisdiction to decide whether a settlement agreement existed, interpret its terms, and assess any breach under Section 30(1) of the Code.

Outcome: The appeal was dismissed. No specific costs or compensation were awarded to Sayyari, indicating she did not receive any financial compensation or cost reimbursement.

Court of Appeals for British Columbia
CA49345
Employment law
Respondent