Dr. Charles Bull

The complainant applied to be a firefighter with the City of Toronto and passed the physical fitness test.

However, during the pre-employment medical examination, the City's physician discovered the complainant had severe osteoarthritis in his knee, a condition the complainant had failed to disclose on his medical history form.

The City refused to hire him, citing both safety concerns related to his knee and his misrepresentation of his medical history.

The Tribunal found that the City discriminated against the complainant on the basis of perceived disability, as the medical evidence showed his knee was stable and he had no functional limitations that would prevent him from safely performing the job.

However, the Tribunal also found that the complainant had knowingly misrepresented his medical history, and that the City's reliance on this misrepresentation was a genuine, non-discriminatory reason for refusing to hire him.

As a result, the Tribunal awarded $10,000 for injury to dignity but denied the complainant's requests for instatement and lost wages.

The applicant was injured in a motor vehicle accident and received income replacement benefits until the insurer terminated them.

The applicant claimed ongoing disability due to a knee injury (a torn ACL) and sought further benefits, interest, and a special award.

The arbitrator found that the applicant's knee pain was not disabling and that the ACL injury was not caused by the accident, relying on medical evidence that the applicant could work without surgery.

The claim for ongoing benefits was dismissed.

However, the arbitrator awarded interest on late payments made prior to termination and a small amount for a four-day deficiency in the notice of termination.

The claim for a special award was dismissed as the insurer's conduct was not unreasonable.

The applicant was injured in a motorcycle accident and applied for arbitration regarding his income replacement benefits and loss of earning capacity.

The insurer moved to stay the arbitration pending a report from a designated assessment centre (DAC) regarding residual earning capacity.

The applicant opposed the stay and moved for interim benefits, interim expenses, and housekeeping expenses.

The arbitrator declined to stay the arbitration but adjourned the loss of earning capacity issues pending a proper DAC report.

The arbitrator severed the housekeeping claim and awarded the applicant $500 in outstanding housekeeping expenses and $50 per week ongoing.

The arbitrator also ordered the insurer to pay interim income replacement benefits at $292.07 per week and interim disbursements of $1,738.