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ENFORCEMENT AND PROCEDURE - Civil actions

Tuesday, December 17, 2019 @ 6:18 AM  


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Appeal by Olumide from an order dismissing his action against the British Columbia Human Rights Tribunal. The appellant commenced his action after the Tribunal refused to accept his complaint for filing. The appellant, who did not reside in British Columbia, alleged the provision of the provincial Election Act that required political candidates to be endorsed by a political party to represent that party in an election discriminated against him.

HELD: Appeal dismissed. The chambers judge correctly found the appellant’s claim disclosed no reasonable cause of action and constituted an abuse of process. The appellant’s challenge to the constitutional validity of the Election Act could only be brought against the Attorney General. Challenging the Tribunal’s decision via civil claim instead of judicial review was a collateral attack and an abuse of process. The appellant’s claim was so defective it was incapable of amendment.

Olumide v. B.C. Human Rights Tribunal, [2019] B.C.J. No. 2080, British Columbia Court of Appeal, R.J. Bauman C.J.S.C. and A.W. MacKenzie, November 4, 2019. Digest No. TLD-December162019004