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View cases - Stewart McKelvey

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14earned about $5,000 a month. Since his retirement he had flown about 150 hours, all with FlairAirlines.[66] The reason he left was because Flair had a military contract flying troops back and forthfrom Trenton to Edmonton and wanted a commitment from him to fly approximately 15 days amonth. He would be based in Calgary but flying out of Toronto.[67] Vilven said he could not make this commitment because the Tribunal hearing hiscomplaint was scheduled to start in January 2007. He believed that it required a lot of preparationon his part and he would not have the time to prepare if he had to fly. He wanted to devote himselffull time to advancing his human rights complaint and thought that this superseded his duty tomitigate his damages.2010 CHRT 27 (CanLII)[68] Vilven agreed that both the Fly Pass 60 Coalition and the Commission, although not hiscounsel, represented his interests. He did not produce any records showing the amount of timethat he spent preparing for the hearing, but estimated that, between the time he quit Flair andJanuary 2007 when the hearing started, he would put in at least 20 to 30 hours/ week. In that timehe said he read articles and verified certain evidence. His final written argument to the Tribunalamounted to two pages and it took him about four days to write these two pages.(ii)Kelly[69] When he retired in May 2005, his rating on the Airbus 330/340, B757 and B767 was validuntil sometime in 2007. He has maintained his category one Aviation Medical and his pilot’slicence.[70] Kelly started flying with Skyservice in November 2005 and did so until the end ofApril 2006. He was invited back to Skyservice and was employed there from November 2006 toMarch 2007, not as a full time employee but as a contract employee without benefits.

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