Human Rights Damage Awards

Lost Income Awards – Various Tribunals

Treane v City of Windsor

HRTO

2011

Age related medical testing 2 years and 4 months
Kelly v. University of British Columbia; upheld on judicial review by B.C. Supreme Court and Court of Appeal

 

BCCA

 

Mental disability 6 years lost income award due to the delay in obtaining certification in the sum of $385,000.
(Gorksy) McKee v Hayes-Dana 17 CHRR D/ 79. age 8 years lost income plus future loss as noted below.
Ontario Human Rights Commission and Karumanchiri et al v Liquor Control Board of Ontario 8 CHRR D/4076 (Baum)

Aff’d Divisional Court 9 CHRR D/4868.

B of I

Div Ct

Applicant was instated to the promoted position of Chief Chemist.

 

8 years of income differential. The award of lost income was not raised by the employer upon the unsuccessful judicial review but success would likely have impacted this award.
Singh v Statistics Canada

CHRT

1989

The applicant was instated to a more senior position due to a finding of adverse treatment due to age and awarded the income differential from August 1989 to the date of instatement in November of 1998.

 

9 years income differential
McKinnon v Correctional Services #3

HRTO

2007

Order of instatement plus salary differential for 9 years to applicant and his spouse.
McAvinn v Strait Bridge Crossing

CHRT

2001

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.

 

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

Perceived disability Compensation to the date of hearing – 10 years
Reverend Gael Matheson v Presbytery of Prince Edward Island

PEI

HRC

2007

Adverse treatment due to gender $425,000 lost income award to the date of the hearing which was 10 years, plus tax gross-up plus reinstatement. In addition, $5,000 for medical and out-of-pocket expenses, $1,000 education allowance and $17,810 for pension loss
Fair v Hamilton-Wentworth, (2013) upheld by the Divisional Court (2014), in turn upheld by the Court of Appeal (2016)

 

Failure to accommodate disability The lost income award was not specifically challenged upon review. The final lost income award was roughly 12 years, although it is not specifically set out in the decision. This was the time period from termination to the final order of the Court of Appeal.
Datt v. McDonald’s Restaurants (No. 3)

BCHRT

2007

Adverse treatment due to disability Lost income from termination date to the date of hearing, being one year and 9 months; tax adjustment
Toivanen v. Electronic Arts (Canada) (No. 2)

BCHRT

2006

Adverse treatment due to disability Award made for lost stock options of $69,000 US based on average post termination value; “lost severance pay” of $19,000