Disabled Doctor: Just how much should damage to dignity cost?
Dr. Carl Kelly's dream of being a doctor was damaged after being dismissed by UBC
A medical resident whose dismissal case set the high-water mark for dignity damages may have to fight to keep $75,000 he was awarded by the B.C.'s Human Rights Tribunal.
The dispute ended up in B.C. Supreme Court for a judicial review.
A judge ruled on Sept. 24 that the prescribed compensation in this case may have been too high and needs to be revisited. So, the long-running legal wrangle may continue.
Dr.Carl Kelly was in the University of British Columbia's family practice residency program in 2007 when he was dismissed after experiencing difficulty due to Attention Deficit Hyperactivity Disorder (ADHD) and Non-Verbal Learning Disability.
"UBC had accommodated him to a certain point, but then when he requested additional accommodations UBC said no," said Kelly's lawyer Allison Tremblay.
Kelly's complaint in 2008 claimed discrimination. It outlined his humiliation and the damage the dismissal did to his dream of becoming a doctor. Kelly was forced to move back in with his parents and became socially isolated.
The tribunal ruled in his favour and the award ordered was twice the damages that had been given in any previous case. It sparked predictions of high human rights awards in future disability dismissal disputes.
According to a written statement from Dr. David Snadden, the executive associate dean of UBC's faculty of Medicine, the university will review the court's ruling and decide on its next steps.