Human Rights Damage Awards

Future Lost Income – Human Rights Cases

 

Case Court Year Summary Result
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(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 race, age, perceived disability (obese)
5 years prospective loss
City of Calgary vs Canadian Union of Public Employees, Local 38. (arbitrator was allowed to consider common law, human rights and arbitral law, on consent) Arb Award 2013 sexual harassment 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
An order was made requiring that the first available position of a bridge patroller be awarded to the complainant in its decision of November 2001. The commencement date of the lost income award was May 31, 1997. The award stated that failing such an offer of alternate employment, the total lost income was to be set at a 10 year period. The contingent prospective loss was hence set for a time period of six years and seven months.

6 years and 7 months

Francis v BC Minister of Justice adverse treatment due to race causing serious mental harm future income loss from December 2020 to date of retirement at age 63; against competing arguments of age 55 and 65. Sum ordered was $430,000 plus pension loss of $65,800.