Workers' Compensation Board (N.S.) v. O'Quinn et al., (1995) 147 N.S.R.(2d) 28 (CA)

• Judge: Roscoe, Matthews and Flinn, JJ.A.
• Court: Court of Appeal of Nova Scotia (Canada)
• Case Date: December 05, 1995
• Jurisdiction: Nova Scotia
• Citations: (1995), 147 N.S.R.(2d) 28 (CA)

WCB v. O'Quinn (1995), 147 N.S.R.(2d) 28 (CA);

  426 A.P.R. 28

MLB headnote and full text

The Workers' Compensation Board of Nova Scotia (appellant) v. Helene O'Quinn, the Nova Scotia Human Rights Commission and Susan M. Ashley, a Board of Inquiry appointed pursuant to Section 31A(1) of the Human Rights Act (respondent)

(C.A. No. 118649)

Indexed As: Workers' Compensation Board (N.S.) v. O'Quinn et al.

Nova Scotia Court of Appeal

Roscoe, Matthews and Flinn, JJ.A.

December 20, 1995.

Summary:

In 1980 O'Quinn's common law husband drowned during the course of his employ­ment. O'Quinn received workers' compensa­tion benefits for herself and her son. In 1986 O'Quinn married. Section 61 of the Work­ers' Com­pensation Act provided that O'Quinn's bene­fits would cease if she married. O'Quinn received no further bene­fits. In 1992, s. 61 was repealed. O'Quinn requested that the Workers' Compensation Board (WCB) rein­state her benefits. The WCB refused. O'Quinn filed a complaint with the Nova Scotia Human Rights Com­mission alleging that she was being dis­criminated against by the WCB on the basis of her marital status. A board of inquiry was appointed. The board of inquiry decided that it had jurisdiction to hear the complaint. The WCB appealed that decision, raising several grounds of appeal, including an argument that workers' com­pensation benefits were not "services" within the meaning of s. 5(1)(a) of the Human Rights Act.

The Nova Scotia Court of Appeal dis­missed the appeal. The court held that in administering the compensation scheme under the Workers' Compensation Act, the WCB was providing a "service" within the meaning of s. 5(1)(a). The court held that the other grounds of appeal were premature.

Civil Rights - Topic 936

Discrimination - Government programs - Workers' compensation - [See Civil Rights - Topic 964.1 ].

Civil Rights - Topic 964.1

Discrimination - Facilities and services customarily available to the public - What constitutes a service or facility - The Nova Scotia Court of Appeal held that in ad­ministering the compensation scheme under the Workers' Compensation Act, the Workers' Compensation Board (WCB) was providing a "service" within the meaning of s. 5(1)(a) of the Nova Scotia Human Rights Act - Therefore a board of inquiry appointed by the Nova Scotia Human Rights Commission had jurisdiction to hear a complaint of discrimination against the WCB.

Civil Rights - Topic 7003

Federal or provincial legislation - Inter­pretation of human rights legislation - A board of inquiry appointed by the Nova Scotia Human Rights Commission deter­mined that it had jurisdiction to hear a complaint of discrimination against the Workers' Compensa­tion Board - The WCB appealed the deci­sion, raising the issue of whether the word "services" in s. 5(1)(a) of the Human Rights Act included the provision of workers' compensation benefits - The Nova Scotia Court of Appeal stated that in interpreting s. 5(1)(a), the court must take a broad, liberal and purposive approach, in a manner befitting the special nature of human rights legisla­tion - See paragraphs 59 and 62.

Civil Rights - Topic 7069

Federal or provincial legislation - Com­missions or boards - Jurisdiction - Com­plaints - General - [See Civil Rights - Topic 964.1 ].

Words and Phrases

Services - The Nova Scotia Court of Appeal considered the meaning of the word "services" in s. 5(1)(a) of the Human Rights Act, R.S.N.S. 1989, c. 214.

Cases Noticed:

Bell v. Human Rights Commission (Ont.), [1971] S.C.R. 756; 18 D.L.R.(3d) 1, refd to. [para. 12].

Jenkins v. Workers' Compensation Board (P.E.I.) (1986), 61 Nfld. & P.E.I.R. 206; 185 A.P.R. 206; 31 D.L.R.(4th) 536 (P.E.I.C.A.), consd. [para. 17].

University of British Columbia v. Berg, [1993] 2 S.C.R. 353; 152 N.R. 99; 26 B.C.A.C. 241; 44 W.A.C. 241; 102 D.L.R.(4th) 665, reving. (1991), 1 B.C.A.C. 58; 1 W.A.C. 58; 81 D.L.R.(4th) 497 (C.A.), affing. (1988), 10 C.H.R.R. D/6112 (S.C.), consd. [para. 18].

Human Rights Commission (N.S.) and Slipp v. Canada Life Assurance Co. (1992), 109 N.S.R.(2d) 40; 297 A.P.R. 40 (C.A.), consd. [para. 25].

Insurance Corp. of British Columbia v. Heerspink et al., [1982] 2 S.C.R. 145; 43 N.R. 168; 137 D.L.R.(3d) 219, consd. [para. 26].

Gay Alliance Toward Equality v. Vancouver Sun; B.C. Human Rights Commission v. Vancouver Sun, [1979] 2 S.C.R. 435; 27 N.R. 117; 97 D.L.R.(3d) 577; 10 B.C.L.R. 257, consd. [para. 30].

Human Rights Commission (Ont.) and O'Malley v. Simpson Sears, [1985] 2 S.C.R. 536; 64 N.R. 161; 12 O.A.C. 241; 23 D.L.R.(4th) 321; 9 C.C.E.L. 185; 17 Admin. L.R. 89; 86 C.L.L.C. 17,002, refd to. [para. 42].

Brennan v. Canada and Robichaud, [1987] 2 S.C.R. 84; 75 N.R. 303, refd to. [para. 42].

Beattie et al. v. Acadia University et al. (1976), 18 N.S.R.(2d) 466; 20 A.P.R. 466; 72 D.L.R.(3d) 718 (C.A.), refd to. [para. 54].

Druken et al. v. Canada (Attorney Gen­eral), [1989] 2 F.C. 24; 88 N.R. 150 (F.C.A.), consd. [para. 56].

Board of Education of District No. 15 v. Human Rights Board of Inquiry (N.B.) et al. (1989), 100 N.B.R.(2d) 181; 252 A.P.R. 181 (C.A.), consd. [para. 57].

Human Rights Commission (Sask.) and Chambers v. Saskatchewan (Minister of Social Services) (1988), 72 Sask.R. 115; 52 D.L.R.(4th) 253 (C.A.), consd. [para. 58].

Hayden v. Workers' Compensation Appeal Board (N.S.)(No. 2) (1990), 96 N.S.R.(2d) 108; 253 A.P.R. 108 (C.A.), refd to. [para. 61].

Langley v. Workers' Compensation Board (N.S.) (1995), 142 N.S.R.(2d) 302; 407 A.P.R. 302 (C.A.), refd to. [para. 61].

Workers' Compensation Board (B.C.) v. Council of Human Rights (B.C.) (1990), 70 D.L.R.(4th) 720; 47 B.C.L.R.(2d) 119 (C.A.), refd to. [para. 67].

Canadian Football League v. Canadian Human Rights Commission, [1980] 2 F.C. 329; 109 D.L.R.(3d) 397 (T.D.), refd to. [para. 67].

CIP Paper Products Ltd. v. Human Rights Commission (Sask.) (1978), 87 D.L.R.(3d) 609 (Sask. C.A.), refd to. [para. 67].

Statutes Noticed:

Human Rights Act, R.S.N.S. 1989, c. 214, sect. 5(1)(a) [para. 14].

Authors and Works Noticed:

Ison, Terrance G., Workers' Compensation in Canada (2nd Ed. 1989), generally [para. 61].

Counsel:

David P.S. Farrar, for the appellant;

Valerie A. MacKenzie, for the respondent, Nova Scotia Human Rights Commission.

This appeal was heard on December 5, 1995, before Roscoe, Matthews and Flinn, JJ.A., of the Nova Scotia Court of Appeal. On December 20, 1995, Flinn, J.A., delivered the following judgment for the Court of Appeal.