Disabled Doctor: Just how much should damage to dignity cost?

A medical resident whose dismissal case set the high-water mark for dignity damages may have to fighttokeep$75,000 he wasawarded by the B.C.'s Human Rights Tribunal.

The dispute ended up in B.C. Supreme Court for a judicial review.

A judge ruled onSept. 24 that the prescribedcompensation in this case may have been too highand needsto be revisited. So, the long-running legal wrangle maycontinue.

Dr.Carl Kelly wasin the University of British Columbia's family practice residency program in 2007 when he was dismissed after experiencing difficulty due to Attention Deficit HyperactivityDisorder (ADHD) and Non-Verbal Learning Disability.

"UBChad accommodated him to a certain point, but then when he requested additional accommodationsUBCsaid no," said Kelly's lawyer Allison Tremblay.

Kelly'scomplaint in 2008 claimed discrimination. It outlined his humiliation and the damage the dismissal did to his dream of becoming a doctor. Kelly was forced to move back in with his parents and became socially isolated.

The tribunal ruled in his favour and theaward orderedwas twice the damages that had beengiven in any previous case. Itsparked predictions of high human rights awards in future disabilitydismissal disputes.

According to a written statement fromDr. DavidSnadden,the executive associate dean of UBC's faculty ofMedicine, the university will review the court's ruling and decide on its next steps.