What is the legal test for “significantly unfair” in s. 95(2) of the Canadian Human Rights Code?
British Columbia, Canada
The following excerpt is from Kumagai v. Campbell Estate, 2018 BCCA 24 (CanLII):
As to s. 95, Harris J.A. agreed (at para. 41) with the description of “significantly unfair” in Remmem v. Remmem, 2014 BCSC 1552, where Mr. Justice Butler described the standard (at para. 44) as “compelling or meaningful having regard to the factors set out in s. 95(2)”. Justice Harris added that “significantly unfair” requires evidence that rises to the level of “something objectively unjust, unreasonable or unfair in some important or substantial sense” (at para. 42).
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