Stephanie McHugh

The appeal addressed adverse possession in British Columbia, including whether continuity was proven across an evidentiary gap and whether inconsistent use is a required element.

The court held that inconsistent use does not form part of British Columbia adverse possession law under the province’s legislative history.

However, the appellate court improperly reweighed evidence and displaced factual findings that were open to the chambers judge absent palpable and overriding error.

The claim of uninterrupted possession failed on the record accepted at first instance.

The appeal was allowed and the chambers decisions were restored.

The respondent, a former provincial cabinet minister, faced sexual harassment complaints before the British Columbia Human Rights Commission.

The proceedings were delayed for over 30 months.

The respondent sought a stay of proceedings, arguing the delay violated his section 7 Charter rights to liberty and security of the person due to the severe stigma and psychological stress he suffered.

The Supreme Court of Canada held that while the Charter applies to the Commission, the respondent's section 7 rights were not engaged because the state did not interfere with his fundamental life choices or psychological integrity in a manner protected by section 7.

Furthermore, under administrative law principles, the delay did not compromise the fairness of the hearing and was not so inordinate as to amount to an abuse of process.

The appeal was allowed and the stay of proceedings was lifted.