G.K. McNeilly

The complainant alleged that the Toronto Transit Commission discriminated against him on the basis of sexual orientation by denying employment benefits to his same-sex partner.

After the respondent agreed to be bound by a related decision and extended benefits, the only remaining issue was the assessment of damages.

The Board of Inquiry found that the respondent did not act wilfully or recklessly, dismissing the claim for mental anguish.

However, the Board awarded $2,500 in general damages to compensate the complainant for the loss of his right to be free from discrimination.