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UBC ordered to pay post-grad $460K 0

By Michael Mui, 24 Hours Vancouver

University of British Columbia. (24 HOURS FILE PHOTO)

University of British Columbia. (24 HOURS FILE PHOTO)

"I find that the particular circumstances of this case are unique and serious … Dr. Kelly was unable to complete his training and enter practice as a physician as a result of the discrimination." — Enid Marion, B.C. Human Rights Tribunal

The University of B.C. has been ordered to pay a doctor it ousted from a post-graduate residency program $460,000 in a discrimination case.

The decision of the B.C. Human Rights Tribunal, published Tuesday, ordered the university to pay Dr. Carl Kelly after his removal from the school program due to his life-long struggles with attention deficit hyperactivity disorder and non-verbal learning disability.

The program had placed him at St. Paul’s Hospital and a UBC clinic, and the majority of the costs order would pay for his lost wages had Kelly continued at the university.

According to the tribunal, Kelly failed an initial work placement program in pediatrics, but despite having passed a remedial program, he was still dismissed.

In an earlier tribunal decision siding with Kelly, adjudicator Enid Marion said UBC didn’t have all the facts and acted on its “stereotypical assumptions” about the doctor.

“As noted earlier in this decision, the backdrop to the program’s decision from September 2006 was an underlying perception that Dr. Kelly, because of his disability, was ‘odd,’ possibly psychotic, and challenging,” Marion wrote.

A doctor’s assessment of his health, however, had found that Kelly could continue to function successfully despite having relatively minor memory issues.


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