The BC Human Rights Tribunal has dismissed a human rights complaint lodged against a Kelowna yoga studio in which a resident claims he suffered mental trauma.
On August 7th, 2014 Geoff Pearce filed the discrimination complaint against Moksha Yoga Kelowa and Kylie Sutton. Pearce claimed that Sutton had promised to hire him if he became a yoga instructor, even though he told her he suffered from a number of diagnoses. In the complaint to the Tribunal, Pearce said he completed the training in October 2012 and began teaching in November 2013.
But it was alleged that Sutton told him that others had complained about his teaching, calling him "grumpy" and he was “too sick to teach,” thus causing mental distress. The complaint was filed outside of the six month time limit, but Pearce claimed that he did not know his civil rights, hence the late filing.
Both parties were asked to file a response to the claim by a specific time limit in September, and while the yoga studio complied, Pearce did not get his reply in to the Tribunal in time.
“On October 1, 2014, the Tribunal issued its time limit decision, without having a time limit reply from Mr. Pearce. The Tribunal found the complaint was two months late-filed. It was not persuaded to accept the complaint in the public interest, under s 22(3) and accordingly declined to accept the complaint for filing: Pearce v. Moksha Yoga Kelowna and another, 2014 BCHRT 221,” reads the decision.
The Human Rights Complaint was thrown out based on Pearce’s late filing and the Tribunal found no reason to move forward with Sutton and Moksha Yoga.
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