View cases - Stewart McKelvey

16[77] Kelly said he also made some preliminary inquiries with some of the freight carriers inCanada. However they weren’t prepared to train him at their expense. He recalls contactingKelowna Flightcraft and Cargo Jet during the period 2007 and 2008.[78] His view was that the prospects of gaining alternative employment after Skyservice werefairly remote unless he invested in an endorsement on an aircraft in demand and pay for theretraining costs.[79] He did indicate, however, that there were opportunities to fly overseas as a contractemployee in 2006 and 2007. But he elected not to do summer operations because they operated inEurope and he didn’t want to be away from his family for the entire year.2010 CHRT 27 (CanLII)[80] Kelly’s assessment of the job market was that in 2007 there was a shortage of pilotsworldwide especially in India and China. But there was limited demand within Canada. Hisposition was that were he to transfer to an airline based in India for example, it would involveabout a six month training period to qualify. His experience was that the bureaucracy was notfavourable to contract expats taking flying jobs in India. He had done many trips to India andfrankly it was not a place he would prefer to live. He chose Canada as a country to live and heprefers to live and work in Canada.[81] His son-in-law flies for Air Georgia out of Toronto. But Kelly was not qualified on anyaircraft that Air Georgia operates. He could have qualified on a turbo prop aircraft at his cost ofabout $30,000, but he was anticipating a return to Air Canada.(iii)Conclusion on Mitigation[82] The respondents argue that the complainants have a duty to mitigate their damages andcite the Chopra decision as support for this. In the case of Vilven, they say that he failed to do solimiting his job searches and declining to continue with Flair Airlines after May 2006 to devotehimself to preparing his human rights complaint. Because of his failure to satisfy his obligation to