Keehong Song, et al. v. B.C. Human Rights Tribunal

(British Columbia) (Civil) (By Leave)




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Civil Procedure – Appeals – Appeal from an order of a chambers judge that struck out portions of a notice of civil claim the applicants filed against a golf club – Can a non-party, without becoming an intervener or a party to the action, file a motion in a civil action – What kind of standing is “standing on a limited basis” – How can the previous owner be empowered to exercise the legal right to represent the new owner when the lawsuit was against the business – Can a non-party bring a motion to strike a civil action on the ground of a collateral attack when a stay of proceedings was offered – Does the court have the power to order special costs to a non-party – Can the Court of Appeal grant the non-party intervener status when the non-party never applied or asked for it in the lower courts – Can the court proceed judicially when the subject-matter of jurisdiction was challenged – Can the same attorney act as both counsel and witness – Does the Tribunal have jurisdiction over a civil wrong – Whether there was a due process violation.

The applicants had filed a human rights complaint against a golf course on the basis that they were denied access to the golf club due to their race or ethnic origin. The Human Rights Tribunal dismissed the complaint. The applicants started the underlying action where they sought damages and other relief against the golf club. They did not name the Tribunal as a party. However, their pleading claimed that the Tribunal engaged in misconduct. The Tribunal applied to strike those portions of the applicants’ claim and the chambers judge allowed the application. Donald J.A. allowed the application in part. The Court of Appeal dismissed the appeal.

Lower Court Rulings

August 18, 2015
Supreme Court of British Columbia

S-152638, 2015 BCSC 1884
Application allowed with costs
March 3, 2016
Court of Appeal for British Columbia (Vancouver)

CA43083, 2016 BCCA 110
Appeal dismissed with costs