This decision concerns judicial review of a costs award by the British Columbia Human Rights Tribunal, under section 37(4) of the B.C. Human Rights Code.
In this decision, the judge dismissed Ms. Bonnefoy's petition for judicial review, finding that there had been no substantive error or procedural errors that resulted in a patently unreasonable decision: Bonnefoy v British Columbia (Human Rights Tribunal), 2025 BCSC 1192. The Tribunal's costs award was upheld.
Background
In Bonnefoy v. Northern Health Authority operating as Wrinch Memorial Hospital, 2025 BCHRT 20, Ms. Bonnefoy filed a complaint alleging her former employer discriminated against her in employment and tenancy. A ten-day hearing was scheduled, but Ms. Bonnefoy only attended the first day. On the second day, Ms. Bonnefoy emailed the Tribunal saying she would not be attending or participating any further in the Tribunal's process.
The Tribunal, accordingly, dismissed her complaint in its entirety pursuant to section 37(1) of the Code. Northern Health, the respondent, applied for an award of costs against Ms. Bonnefoy pursuant to section 37(4) of the Code:
37(4) The member or panel may award costs
(a) against a party to a complaint who has engaged in improper conduct during the course of the complaint...
The Tribunal can award costs where there is improper conduct. The Tribunal has defined improper conduct as a serious impropriety that imports a notion of intentional wrongdoing or culpable action, which a reasonable person would know is wrong. This is a high standard, because costs awards are punitive, not compensatory (para 21). Where a party has engaged in inappropriate communications, the Tribunal may find there has been improper conduct. Examples of inappropriate communication include:
- Subjecting other participants/counsel to irrelevant and disrespectful personal attacks.
- Making offensive and unwarranted attacks on a participants' character.
- Making serious and unfounded allegations against participants.
- Repeatedly sending rude, inflammatory or offensive emails that "personally attack people involved in the Tribunal's process with foul language and baseless allegations."
- Discontinuing a complaint without notice may constitute an abuse of process and therefore improper conduct.
The Tribunal then reviewed Ms. Bonnefoy's conduct throughout the Tribunal's process:
- Ms. Bonnefoy repeatedly yelled and interrupted counsel during a scheduling conference call.
- Ms. Bonnefoy insisted the complaint be combined with a retaliation complaint she had filed.
- Ms. Bonnefoy anticipated calling nine witnesses, and as such a ten-day hearing was scheduled, but then two weeks before the hearing informed the parties that she would only be calling one witness other than herself.
- Ms. Bonnefoy was warned that her correspondence was
inappropriate and that if she continued, her conduct could attract
an order for costs. Some of her inappropriate communications
included:
- "I feel [the Case Manager] enjoyed joining [Respondents' Counsel] in shit-kicking me when I was down."
- "The blood of my husband is on the hands of [the Case Manager]."
- Attaching photographs of Ms. Bonnefoy's late husband in the hospital, and a deer being butchered.
- "It must feel like such a comfort to [the Case Manager] that taxpayers provide legal counsel for Human Rights but none for the complainants and victims who bring their concerns of racism and discrimination forward."
- "I think Human Rights and Indigenous Rights are ideas your corporation lawyers bounce around and laugh about just like the BC Crown Human Rights lawyers."
- Calling the Case Manager a "racist misogynistic arrogant man" and an employee of Northern Health "a very racist bitch."
- Ms. Bonnefoy recorded a conference call with the Tribunal.
- Ms. Bonnefoy spent the majority of the first day of hearing discussing issues related to her displeasure with the Tribunal process generally.
Throughout the first day of the hearing, Ms. Bonnefoy repeatedly yelled, interrupted others, made disrespectful personal attacks about the physical appearance and character of Northern Health's representatives and counsel, calling them "ugly," "red faced" and "predators." She attacked the character of the Tribunal's staff, saying the Case Manager committed homicide. Ms. Bonnefoy demanded Northern Health's representative provide their home address and said she would be putting an axe "up against the throat" of Northern Health's witnesses.
Tribunal's Award of Costs
The Tribunal considered the nature of her conduct and tempered the award with the fact that Ms. Bonnefoy is "clearly dealing with trauma and struggled with the Tribunal's adversarial process." The Tribunal ultimately found that a costs award of $3,000 was warranted.
Supreme Court Decision
Ms. Bonnefoy filed a petition for judicial review, which was dismissed.
The judge found that, while the Tribunal's cost decision took some of Ms. Bonnefoy's comments out of context, Ms. Bonnefoy had not demonstrated that the Tribunal's decision was patently unreasonable.
Employer Takeaways
- This case serves as a reminder to all parties to engage professionally throughout the Tribunal's process.
- Where complainants are repeatedly engaging in improper conduct, it may be prudent to request that the case manager warn the complainant that costs can be awarded against them.
- If complainants are engaging improperly, it may be reasonable to apply for a costs award.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
