Dr. Stephen Swallow

The applicant, a probationary police constable, developed post-traumatic stress disorder (PTSD) after a life-threatening struggle with an armed suspect.

Five weeks later, while suffering from undiagnosed PTSD, he overreacted to an intoxicated patron at a restaurant and engaged in out-of-character behaviour.

The employer investigated the incident as professional misconduct and ultimately terminated his probationary employment, despite receiving medical evidence that his behaviour was caused by PTSD.

The Human Rights Tribunal of Ontario found that the employer discriminated against the applicant on the basis of disability by failing to fulfill its procedural and substantive duties to accommodate him.

The Tribunal ordered the applicant's reinstatement, awarded $35,000 for injury to dignity, feelings, and self-respect, and directed the employer to develop a comprehensive accommodation policy for police officers with disabilities.

The applicant was injured in a motor vehicle accident and sought income replacement and housekeeping benefits, which the insurer terminated.

The arbitrator found that the accident materially contributed to the applicant's development of chronic pain syndrome, rendering her completely unable to engage in any employment for which she was reasonably suited.

The arbitrator awarded ongoing income replacement benefits and a closed period of housekeeping benefits, along with interest.

The claim for a special award was dismissed, as the insurer's actions, while mistaken, were not unreasonable given the complex medical history.