The British Columbia Human Rights Tribunal has dismissed a complaint from J.M., a physician who alleged discrimination by Carlton Gardens Limited Partnership, Pro Vita Care Management Inc., and the Burnaby Division of Family Practice, related to his work at a long-term care facility.
J.M., a visible minority in his 70s, claimed the respondents discriminated against him based on his sex, age, race, ancestry, place of origin, and a history of criminal charges. The complaints centered on allegations of inappropriate conduct raised by multiple staff members, leading to his exclusion from providing medical services at the facility.
The tribunal found no reasonable prospect of proving a connection between the alleged adverse impacts and his protected characteristics. “For the following reasons, I find that (J.M.) has no reasonable prospect of establishing a connection between the alleged adverse impacts and his protected characteristics, and I dismiss the complaint,” the ruling stated, indicating a thorough consideration of all submitted information.
The accusations against J.M. included inappropriate touching and comments, which he denied. The tribunal highlighted that there was no evidence suggesting these actions would be acceptable if committed by someone of a different sex or race, describing the allegations as serious and worthy of investigation.
J.M. was also involved in a 2016 initiative aiming to support physicians in residential care facilities. Despite his allegations, the tribunal noted, “(He) says he was never notified about this prohibition [to provide care], illustrating a complex interaction among the involved parties regarding his employment status and the complaints’ handling.”
For more information, see Makhija v. CSH (Carlton Gardens) Limited Partnership and others, 2024 BCHRT 98 (CanLII).
