Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
30964
Board of School Trustees of School District No. 44 (North Vancouver) v. Azmi Jubran, et al.
(British Columbia) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
v.
Counsel
Party: Board of School Trustees of School District No. 44 (North Vancouver)
Counsel
20th Flr., Bentall Three
595 Burrard St., PO Box 49170
Vancouver, British Columbia
V7X 1R7
Telephone: (604) 844-5520
FAX: (604) 688-1315
Email: cl woods@guildyule.com
Agent
World Exchange Plaza
20th Floor, 45 O'Connor
Ottawa, Ontario
K1P 1A4
Telephone: (613) 788-2222
FAX: (613) 788-2247
Email: gord.cameron@blakes.com
Party: Jubran, Azmi
Counsel
1140 West Fender Street, Suite 300
Vancouver, British Columbia
V6E 461
Telephone: (604) 685-3425
FAX: (604) 685-7611
Agent
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com
Party: British Columbia Human Rights Tribunal
Counsel
401 - 800 Hornby Street
Vancouver, British Columbia
V6Z 2C5
Telephone: (604) 775-2000
FAX: (604) 775-2020
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Mr. Jubran, a teenager, was repeatedly subjected to insults and harassment of a homophobic nature during the five years he was in high school. Mr. Jubran does not identify as gay. Before graduating, he filed a complaint under the B.C. Human Rights Code, R.S.B.C. 1996, c. 210, against the School Board. The Human Rights Tribunal concluded that Mr. Jubran was discriminated against on the basis of sexual orientation. It found it was irrelevant what Mr. Jubran’s sexual orientation actually was, or that his harassers did or did not believe he was gay. The Board was found responsible for the discrimination as it failed to provide an educational environment that was free from discriminatory harassment. The School Board’s application for judicial review was granted by the British Columbia Supreme Court. Mr. Jubran’s appeal was allowed by the B.C. Court of Appeal.
Lower court rulings
Supreme Court of British Columbia
L021700
Application for judicial review by the Applicant, allowed; Respondent not a victim of discrimination pursuant to s. 8 of the Human Rights Code, R.S.B.C. 1996, c. 210
Court of Appeal for British Columbia (Vancouver)
CA030531, 2005 BCCA 201
Appeal allowed; Order of the Tribunal restored
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2005-10-27 | Close file on Leave | |
| 2005-10-21 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2005-10-21 | Judgment on leave sent to the parties | |
| 2005-10-20 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA030531, 2005 BCCA 201, dated April 6, 2005, is dismissed with costs to the respondent Azmi Jubran. Dismissed, with costs |
|
| 2005-07-18 | All materials on application for leave submitted to the Judges, Ma F Abe | |
| 2005-06-30 | Book of authorities | Board of School Trustees of School District No. 44 (North Vancouver) |
| 2005-06-30 | Applicant's reply to respondent's argument, Completed on: 2005-06-30 | Board of School Trustees of School District No. 44 (North Vancouver) |
| 2005-06-24 | Book of authorities | Azmi Jubran |
| 2005-06-24 | Respondent's response on the application for leave to appeal, Completed on: 2005-06-24 | Azmi Jubran |
| 2005-06-22 | Respondent's response on the application for leave to appeal, (Letter Form), from Katherine Hardie dated June 22/05 re: will not be filing a response, Completed on: 2005-06-22 | British Columbia Human Rights Tribunal |
| 2005-05-31 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2005-05-31 | Book of authorities | Board of School Trustees of School District No. 44 (North Vancouver) |
| 2005-05-31 | Application for leave to appeal, Completed on: 2005-05-31 | Board of School Trustees of School District No. 44 (North Vancouver) |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Board of School Trustees of School District No. 44 (North Vancouver) | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Jubran, Azmi | Respondent | Active |
| British Columbia Human Rights Tribunal | Respondent | Active |
Counsel
Party: Board of School Trustees of School District No. 44 (North Vancouver)
Counsel
20th Flr., Bentall Three
595 Burrard St., PO Box 49170
Vancouver, British Columbia
V7X 1R7
Telephone: (604) 844-5520
FAX: (604) 688-1315
Email: cl woods@guildyule.com
Agent
World Exchange Plaza
20th Floor, 45 O'Connor
Ottawa, Ontario
K1P 1A4
Telephone: (613) 788-2222
FAX: (613) 788-2247
Email: gord.cameron@blakes.com
Party: Jubran, Azmi
Counsel
1140 West Fender Street, Suite 300
Vancouver, British Columbia
V6E 461
Telephone: (604) 685-3425
FAX: (604) 685-7611
Agent
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com
Party: British Columbia Human Rights Tribunal
Counsel
401 - 800 Hornby Street
Vancouver, British Columbia
V6Z 2C5
Telephone: (604) 775-2000
FAX: (604) 775-2020
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Mr. Jubran, a teenager, was repeatedly subjected to insults and harassment of a homophobic nature during the five years he was in high school. Mr. Jubran does not identify as gay. Before graduating, he filed a complaint under the B.C. Human Rights Code, R.S.B.C. 1996, c. 210, against the School Board. The Human Rights Tribunal concluded that Mr. Jubran was discriminated against on the basis of sexual orientation. It found it was irrelevant what Mr. Jubran’s sexual orientation actually was, or that his harassers did or did not believe he was gay. The Board was found responsible for the discrimination as it failed to provide an educational environment that was free from discriminatory harassment. The School Board’s application for judicial review was granted by the British Columbia Supreme Court. Mr. Jubran’s appeal was allowed by the B.C. Court of Appeal.
Lower court rulings
Supreme Court of British Columbia
L021700
Application for judicial review by the Applicant, allowed; Respondent not a victim of discrimination pursuant to s. 8 of the Human Rights Code, R.S.B.C. 1996, c. 210
Court of Appeal for British Columbia (Vancouver)
CA030531, 2005 BCCA 201
Appeal allowed; Order of the Tribunal restored
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available