In what circumstances will the court award damages for loss of income based on historical pay equity?
Manitoba, Canada
The following excerpt is from Rudd v. Hamiota FeedLot Ltd., 2006 MBQB 22 (CanLII):
[97] And finally in Gray v. Macklin [2000] O. J. No. 4603 (S. C.) at para. 197: “…I am mindful that it is inappropriate for an assessment of damages to reflect historic wage inequities. The courts must ensure as much as possible that the appropriate weight is given to societal trends in the labour market in order that the future loss of income properly reflects future circumstances. The court must embrace pay equity, given our fundamental right to equality as entrenched in the constitution…”
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