Judge dismisses petition by B.C. resort owner who claimed former employees concocted stories of racism

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The main shareholder of a B.C. Interior resort has struck out in his try and overturn a B.C. Human Rights Tribunal ruling.

On October 24, 2018, the B.C. Human Tribunal’s then chair, Diana Juricevic, awarded more than $173,000 to seven former employees of the Spruce Hill Resort and Spa in 108 Mile. It got here after allegations that the owner of the 8,000-hectare vacationer vacation spot, Kin Wa Chan, had discriminated towards six of them on them foundation of color and race and a seventh on the idea of color, race, and intercourse.

In the tribunal determination, Juricevic concluded that Chan had “repeatedly mentioned that he needed to exchange Caucasian employees with Chinese employees to cut back labour prices”.

In B.C. Supreme Court filings, Chan and Spruce Hill Resort and Spa Ltd. alleged that the complainants had “concocted grounds of discrimination” earlier than the tribunal. That included an allegation from one of the complainants that Chan had discriminated towards her on the idea of intercourse throughout a enterprise journey to Hong Kong.

Justice Dennis Hori dismissed the judicial-review software.

“On my overview of the Tribunal’s determination, I see nothing to steer me to the conclusion that the Tribunal’s discretionary determination on mitigation was patently unreasonable,” Hori wrote in his decision.

The choose famous that Chan and the resort didn’t produce transcripts from the tribunal listening to as half of their software. As a outcome, Hori’s ruling got here with none reference to the precise testimony earlier than the tribunal.

The one former worker who additionally succeeded on the tribunal in alleging intercourse discrimination had testified that she and Chan visited a Hong Kong market that primarily offered intercourse toys. However, below cross-examination, this former worker admitted that intercourse toys comprised lower than 20 % of the objects on the market.

On this foundation, Chan and the resort claimed that Juricevic erred in her discovering of intercourse discrimination.

Hori, nevertheless, said in his determination that he had “no foundation upon which to evaluate the accuracy of the petitioners’ submission” about what the former worker mentioned as a result of no transcripts have been produced.

“However, I discover that the petitioners’ problem to the Tribunal’s discovering of discrimination based mostly on intercourse can’t succeed,” Hori added. “The Tribunal’s discovering of discrimination based mostly on intercourse just isn’t based mostly on whether or not {the marketplace} offered primarily intercourse toys or whether or not the sale of intercourse toys comprised solely 20% of its gross sales.”

In truth, he wrote, the idea for the discovering was that Chan anticipated the former worker “to share a lodge room with him throughout their enterprise journey to Hong Kong”.

“The Tribunal’s determination on discrimination based mostly on intercourse doesn’t activate the prevalence of intercourse toys out there,” the choose said within the ruling.

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