Kelly v UBC, a discrimination case against the University of British Columbia is now entering its 9th year and will continue into the foreseeable future. From 2005-2007, Dr. Carl Kelly was enrolled in the Family Practice Residency Program administered by the Faculty of Medicine. Kelly has ADHD and a Non-Verbal Learning Disability (NVLD). On 29 August 2007, Kelly was terminated from the program for unsuitability. He then filed a grievance and human rights complaint against UBC for its failure to accommodate.
In December 2013, the BC Human Rights Tribunal awarded Kelly $385,194 for lost wages due to discrimination and $75,000 for injury to dignity. The HRT concluded: “the gravity of the effects of the discrimination in this case warrants a substantial award for damages for injury to dignity, feelings and self-respect which is beyond the highest award that has yet been made by this Tribunal.”
UBC appealed and sought judicial review.
Last week, on 24 September, the BC Supreme Court’s Justice Silverman wrote: “The Tribunal’s Decision to award $75,000 is not based on principle and cannot be supported by the evidence. In my view, the discretionary decision which resulted in that award was ‘exercised arbitrarily’ as those words have been interpreted in s. 59(4) of the ATA. That section also denotes that such a decision is patently unreasonable. Therefore, I find that this portion of the Decision was patently unreasonable and must be set aside.”
So it’s back to the HRT.
Follow
