It appears the fight will go on for former Crowbush golf pro Steve Dowling.
Recently, the P.E.I. Human Rights Commission ruled there would be no further compensation from the province for Dowling, who won a political discrimination suit filed against the government of former premier Pat Binns.
The commission was asked to reconsider an earlier commission ruling that awarded Dowling $5,000 for hurt and humiliation plus $9,600 in costs.
But in a ruling handed down on Sept. 23, P.E.I. Human Rights commissioner Richard Montigny determined no other remedy is either necessary or appropriate.
Montigny also chose not to order any further costs to Dowling.
"Appealing the ruling is what we're looking at right now," Dowling told The Guardian on Wednesday before deferring further comment to his lawyer, Greg Collins.
Collins said his client would be making a decision soon.
"No formal decision has been made yet but judicial review is still open to us and we're considering that," Dowling's lawyer said.
"He'll be making a decision next week."
But the way Dowling and Collins were talking on Wednesday, it's likely they'll be appealing the decision.
The commission, in a ruling dated April 29, 2004, found Dowling had proven on balance of probabilities that the province discriminated against him by failing to offer him an opportunity to compete for the position of golf shop superintendent at Crowbush.
Based on the submissions before them, they awarded Dowling general damages of $5,000, plus costs.
The original panel found that no wage loss had been shown by Dowling and thus made no award for such loss. Dowling then applied to the panel for a reconsideration of its decision in respect of remedy. The panel declined to allow a reconsideration.
Collins said Wednesday they then applied to the Supreme Court of Prince Edward Island for judicial review, seeking to nullify the decision of the respondent tribunal that refused his request for reconsideration; and an order directing the respondent tribunal to conduct a hearing on the appropriate remedy as a result of the discrimination by the province.
Aggravated, punitive and exemplary damages were also sought.
Supreme Court Chief Justice Jacqueline Matheson allowed the application for judicial review to the extent that the panel was directed to hold a hearing on the appropriate remedy for the discrimination previously found by the commission.
Matheson remitted the matter back to the commission to hear evidence and submissions.
She said it was not necessary to rehear evidence already before the tribunal on the issue of income loss.
Montigny said he was unable to conclude from the evidence presented before him by Dowling and another witness that the discrimination suffered by Dowling resulted in any loss of income to him.
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Former golf pro looking at appeal of ruling on compensation
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