Lawson v. Workplace Safety and Insurance Board, 2017 HRTO 1621

Human Rights Tribunal of Ontario

B E T W E E N:

David Lawson Applicant

-and-

Workplace Safety and Insurance Board Respondent

INTERIM DECISION

Adjudicator: Brian Cook Date: December 6, 2017 Citation: 2017 HRTO 1621 Indexed as: Lawson v. Workplace Safety and Insurance Board

APPEARANCES

David Lawson, Applicant John McKinnon, Counsel

Workplace Safety and Insurance Board, Respondent Greg Bullen, Counsel

1This Decision is further to a hearing on November 30, 2017. That hearing followed Decision 2017 HRTO 851 (“the Decision”), which found that the respondent infringed the applicant’s rights under the Human Rights Code, R.S.O. 1990, c. H.19, as amended when it failed to consider the impact of its administrative processes and poor communication of decisions in light of the special needs the applicant has as a result of his disabilities. The Decision dealt with the merits of the Application and the hearing was reconvened on November 30, 2017 to hear evidence and submissions on the appropriate remedy.

2As discussed at the hearing, the issues regarding remedy are potentially complex and there may be some delay before a full decision can be issued.

3In the period before the hearing, the applicant was in considerable distress, related in large part to anxiety about the upcoming hearing and delays in reaching a conclusion on his case. At the hearing the applicant said that he is in urgent need of psychological counselling to help him cope with the immediate stress that he is under. There was also some concern about establishing a safe method for the applicant to receive the Tribunal’s decision on his case and to ensure that there is not a breakdown of communication between the applicant and his representatives and the Tribunal.

4These needs were endorsed by Dr. Cobrin, who has treated the applicant in the past and again more recently and who testified at the hearing.

5The applicant explained that it is important for him that he be able to make arrangements for treatment on his own, without any involvement from the WSIB. However, he has limited funds available.

6Based on the findings in the Decision, the parties agree that the applicant is entitled to some amount of monetary damages for the discrimination that was found. The parties agreed that it would be appropriate for me to issue an Interim Decision with full reasons to follow to make an order for the payment of some amount of monetary damages.

7I accordingly order the respondent to pay the applicant $15,000 as monetary compensation. A full reasoned Decision will follow.

8The respondent’s counsel is directed to immediately contact the applicant’s counsel to discuss a process for how the respondent will make the payment as soon as possible and how the applicant will know exactly when and how he will receive the payment.

9The applicant’s counsel is directed to provide suggestions for how to establish a safe method for the applicant to receive the final Decision in this matter.