The Supreme Court of Canada allowed the appeal and held that section 13(1)(b) of British Columbia’s Human Rights Code can apply to discriminatory conduct by a co-worker who is not the complainant’s employer or superior, if the conduct has a sufficient nexus to the employment context.
The majority adopted a contextual test focused on workplace integration, location of conduct, and workplace impact, and restored the tribunal’s jurisdiction to hear the complaint.
Concurring reasons emphasized established human rights principles and workplace impact, while the dissent would have limited section 13(1)(b) to employer-employee or analogous relationships.
