VANCOUVER - A Vancouver woman with severe cerebral palsy who won a landmark human rights case this summer, has won another major battle – this time in court.
The B.C. Ministry of Health had refused to give Cheryl Hutchinson permission to hire her father as her caregiver, despite the fact that he has looked after her since she was 13.
Earlier this year, the B.C. Human Rights Tribunal ruled that refusal amounted to discrimination.
The ruling was the first of its kind in Canada. And other disabled British Columbians had hoped it would allow them to hire family members as caregivers.
However, the provincial government appealed, and also applied to withhold $118,000 in damages – pending the results of that appeal.
But a B.C. Supreme Court judge has ruled the Hutchinsons deserve the money now, even if they aren't able to pay it back if the province wins its appeal.
In his decision, Mr Justice Bryan Ralph notes Philip Hutchinson is 73 years old, and living on Old Age security and Canada Pension Plan benefits.
Ralph writes that he recognizes there is a reasonable chance Mr. Hutchinson won't be able to repay the award should the province win its appeal.
But he says the Hutchinsons will suffer the greater harm if they don't receive the money.
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