View cases - Stewart McKelvey

6A. Vilven[22] For the purpose of determining his loss of income, Vilven used the compensation periodfrom August 31, 2003 to April 30, 2010. His methodology was first, to determine his “proxy”seniority number, that is, the seniority number on the Air Canada Pilots Seniority List that hewould have held for the years 2003 to 2010 if he had not been retired. The next step was todetermine his “proxy” pilot position assignment that he would have held for each of the yearsbased on his proxy seniority number.[23] Finally, the monthly income for each of these proxy pilot positions was calculated byreference to the collective agreement pay tables, assuming that the pilots in these positions wouldhave flown schedules according to the following agreed upon by the parties to be reasonableassumptions:2010 CHRT 27 (CanLII)(a)hourly pay rates as per the collective agreement for the proxy position in therespective compensation periods;(b)81 hours of flying per month, averaged at half-day, half-night rates of payplus overseas premium pay for 71hours;(c)monthly pay is multiplied by 12 to obtain an annualized salary for eachperiod.(i)Proxy Seniority Number[24] When Vilven retired in August 2003, his seniority number was 1404. For the subsequentyears 2004 to 2010, Vilven used pilot C.E. Hintz as his benchmark or proxy pilot. According toVilven, Hintz was hired by Air Canada one year after Vilven so that if he had not been retired, hewould have held Hintz’s seniority position for those years.[25] To determine his proxy pilot position. Vilven initially positioned himself as aB747 FO YYZ. He had bid for this position sometime in 2001 but continued to fly as an