Bernard Manton

The applicant was injured in a motor vehicle accident and required long-term care in a facility.

The insurer paid the facility's cost but deducted the amount the applicant paid for rent prior to the accident, arguing that paying the full amount would result in a windfall.

The arbitrator held that the accommodation expenses fell under section 7 of the Statutory Accident Benefits Schedule as care benefits.

The arbitrator found that the insurer was not entitled to deduct pre-accident housing costs, as the applicant's life had completely changed and the full cost of the facility was a reasonable expense resulting from the accident.

The applicant's claim for a special award was dismissed.

The Ontario Board of Inquiry assessed special damages following a finding that the respondent discriminated against the complainant by terminating her employment due to pregnancy.

The Board awarded $12,677 for lost wages, calculated by taking the total period of unemployment until she found permanent work, and deducting amounts for anticipated unpaid maternity leave, child care expenses she would have incurred, and temporary employment earnings.

The Board also awarded pre-judgment and post-judgment interest, rejecting the respondent's argument that the complainant failed to mitigate her damages.

The complainant, a dental assistant, alleged that her employment was terminated because she was pregnant.

The respondent claimed she was dismissed because his wife was returning to work.

The Board of Inquiry found the respondent's testimony less credible and concluded that the complainant was dismissed and denied part-time work because of her pregnancy, in violation of the Human Rights Code.

The Board awarded $2,000 for mental anguish and ordered the parties to negotiate special damages for lost wages.