The Tribunal awarded $10,000 in damages for injury to dignity, feelings, and self-respect
The case arises from a dispute between Ms. Olsen and Terry Wiebe, who lived on Ms. Olsen's property between 2014 and 2018. According to the Tribunal's findings, the parties were longtime friends who also shared work and living arrangements before their relationship deteriorated.
In 2019, Wiebe filed a complaint with the British Columbia Human Rights Tribunal alleging discrimination based on gender identity and expression. In January 2025, the Tribunal ruled that while gender identity was not a factor in Ms. Olsen’s decision to end the living arrangement, her refusal to assure Wiebe of continued residence on the property following “top surgery” adversely affected the tenancy relationship.
The Tribunal awarded $10,000 in damages for injury to dignity, feelings, and self-respect.
Ms. Olsen is now asking the Court to overturn that decision. Her petition argues that the Tribunal erred in finding that a tenancy relationship existed within the meaning of the Human Rights Code, erred in finding that her comments constituted discrimination, and failed to properly consider freedom of expression protected by the Canadian Charter of Rights and Freedoms.
According to court filings, the Tribunal accepted that Ms. Olsen’s concerns about top surgery were connected in part to her personal experiences with her mother's battle against breast cancer and concerns about the medical risks associated with surgery. The petition argues that these concerns were not based on hostility toward gender identity and that the Tribunal improperly penalized private conversations that took place within a longstanding personal friendship.