Dumont v. Transport Jeannot Gagnon

Dumont v. Transport Jeannot Gagnon

On rehearing the Tribunal concluded the complainant suffered injury to his feelings and self-respect as a result of discriminatory dismissal; given the evidence and surrounding circumstances and applying the statutory framework and precedents, $2,500 was an appropriate award of special compensation under s.53(3) of the older Act, with interest payable according to the Tribunal Decision but not exceeding the statutory/precedential limits.

Citation
2003 CHRT 29
Parties
Complainant: Gino Dumont; Commission: Canadian Human Rights Commission; Respondent: Transport Jeannot Gagnon
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
30 July 2003
Procedural Posture
Human Rights Disability Discrimination / Rehearing on Remedy Following Federal Court Referral (decision on Special Compensation)
Outcome
Rehearing results in award of special compensation; Tribunal orders respondent to pay $2,500 to complainant with interest subject to limits
Legal Topics
Disability Discrimination, Remedies, Special Compensation Under S.53(3), Judicial Review of Tribunal Discretion
Source Language
English
Human Rights Employment Law Administrative Law Disability Discrimination Remedies Special Compensation Under S.53(3) Judicial Review of Tribunal Discretion

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Parties

Gino Dumont

Complainant

Canadian Human Rights Commission

Commission

Transport Jeannot Gagnon

Respondent

Procedural Posture

Human Rights Disability Discrimination / Rehearing on Remedy Following Federal Court Referral (decision on Special Compensation)

Legal Issues

  1. 1 Whether special compensation under s.53(3) of the Canadian Human Rights Act (older version) should be awarded for injury to feelings or self-respect
  2. 2 Whether the Tribunal unreasonably exercised its discretion by failing to consider or justify refusal to award moral damages
  3. 3 Appropriate quantum of special compensation within the $5,000 statutory cap

Ratio Decidendi

On rehearing the Tribunal concluded the complainant suffered injury to his feelings and self-respect as a result of discriminatory dismissal; given the evidence and surrounding circumstances and applying the statutory framework and precedents, $2,500 was an appropriate award of special compensation under s.53(3) of the older Act, with interest payable according to the Tribunal Decision but not exceeding the statutory/precedential limits.

Court Disposition

Rehearing results in award of special compensation; Tribunal orders respondent to pay $2,500 to complainant with interest subject to limits

Orders

  • Respondent to pay the complainant $2,500 as special compensation under s.53(3) of the Canadian Human Rights Act (older version)
  • Interest to be paid in accordance with the terms of the Tribunal Decision, but in no case shall interest exceed the maximum allowable sum of $5,000