Just How Much Might Those Hurt Feelings Be Worth In British Columbia? BC Court Of Appeal Weighs In

Previously printed in the LexisNexis Labour Notes Newsletter.

The likelihood of parties in British Columbia coming to a mutually agreeable resolution of human rights disputes may have just become more unlikely as a result of the BC Court of Appeal's recent decision in University of British Columbia v. Kelly, 2016 BCCA 271.

Dr. Kelly, who was a resident in the University of British Columbia's post-graduate training program for family medicine, had an attention deficit hyperactivity disorder (ADHD) and a non-verbal learning disorder. The BC Human Rights Tribunal found that his disabilities were a factor in the University's termination of his residency, which constituted discrimination based on a mental disability. The Tribunal also found that UBC had not accommodated Dr. Kelly as required by law. Among other remedies, the Tribunal awarded Dr. Kelly over $385,000 as compensation for lost income and $75,000 for injury to dignity, feelings and self-respect.

Overturning an earlier judicial review decision of the BC Supreme Court - which had set aside the Tribunal's remedial award for injury to dignity, feelings and self-respect on the basis that it was patently unreasonable - the Court of Appeal restored the Tribunal's decision to award more than twice the amount...