Case Report – BCCA dismisses background check action

8 May

On May 5th, the British Columbia Court of Appeal dismissed a $520 million action against the province and a Ministry of Children and Family Development employee for alleged improprieties in answering a background check made by a funded agency.

The Court held that the lower court should have disposed of the action under British Columbia’s summary trial rule. It held that the Ministry employee was not in sufficient proximity to the plaintiff given her conflicting statutory duty to children and family members. It also held there was no evidence of malice to support a misfeasance in public office claim and to negate a qualified privilege defence to a defamation claim.

Last May the Court ordered a British Columbia FIPPA complaint arising out of the same facts back to the Information and Privacy Commissioner of British Columbia to address whether the Ministry breached the accuracy provision of the Act. (Summary here.) It appears that the OPIC has not yet issued a finding.

Harrison v. British Columbia (Children and Family Development), 2010 BCCA 220.

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2 Responses to “Case Report – BCCA dismisses background check action”

Trackbacks/Pingbacks

  1. Well-Litigated Background Check Dispute Sent Back to the B.C. OIPC « All About Information - September 19, 2011

    […] since been on a long campaign to seek redress. In May 2010, the British Columbia Court of Appeal dismissed the employee’s $520 million action against the Ministry and others as disclosing no […]

  2. Majority of BCCA says accuracy duty applies broadly « All About Information - June 27, 2012

    […] since been on a long campaign to seek redress. In May 2010, the British Columbia Court of Appeal dismissed the employee’s $520 million action against the Ministry and others as disclosing no reasonable […]

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