What is the appropriate test for s. 16 of the Canadian Human Rights Code?
British Columbia, Canada
The following excerpt is from Full House Entertainment Inc. v. General Manager of the Liquor Control and Licensing Branch, 2008 BCSC 893 (CanLII):
To determine the appropriateness of the s. 16 decision in these proceedings would be to decide a question that will have no practical effect on the rights of the parties. In the circumstances, the proper course is to decline to decide the matter: Borowski v. Canada (Attorney General), 1989 CanLII 123 (SCC), [1989] 1 S.C.R. 342.
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