Failure to Co-operate in the Investigation & Costs Orders

In certain jurisdictions, such as B.C. and Nunavut, the statute allows for a costs order to deter improper conduct. Nunavut allows such an order to be made against a party which attempts to impede the investigatory process, which is also independent of the success of the party on the main issue.

Nunavut’s statute provides authority for such an award where the claim has been “knowingly false”, or if the investigation has been unduly hampered by the conduct of either party. This presumably does not require a liability finding on the substantive complaint. B.C.’s act provides for a costs award where there has been “improper conduct”.

Normally costs are not ordered by the human rights tribunal against the unsuccessful party, as discussed here.