Human Rights Damage Awards

Future Lost Income – Civil

Future Loss – Human Rights Tribunals

 

 

 

McKee v. Hayes-Dana Inc. (1992), 17 C.H.R.R. D/79.

Ont B of I

age

15 months prospective loss

 

 

 

 

 Rajput v Algoma University College (Tarnopolsky).

Ont B of I

1976

A subsequent vacancy was advertised for a similar position in February of 1975, to which Dr. Rajput applied. It was found that he was not successful in this application due to racial discrimination.

Reinstatement was not ordered due to the impact of such an order on innocent third parties.

The complainant, a Sociology professor, had been given a terminal contract by the university for the academic year running from July 1, 1974 to June 30, 1975.

An order of compensation was made for the next academic year was made as a prospective loss of income instead, dependent upon the attempts made by the complainant to seek alternative income in this time period internally and externally.

 

Turner v Canada Border Services

The liability finding was set aside by the Federal Court in October of 2015. A reconsideration decision set out the means of proceeding for a new hearing de novo.

 

CHRT

2015

 

5 years prospective loss

City of Calgary vs Canadian Union of Public Employees, Local 38.

Arb Award

2013

 

The maximum period for the future loss was nine years, this also being the date when the employee would be eligible to receive retirement benefits.

The panel concluded a fair date to use for a future income loss would be based on a likely return to work date of July 1, 2018. The date of the decision was December 1, 2013. The future income loss was hence established to be $512,149, which was reduced by a 10% risk factor and a discounted rate for a present payment of a future income stream of 2.25%.

 

McAvinn v Strait Bridge Crossing

CHRT

 

As above – 6 years and 7 months