Comparators. When a salary survey is required, the survey should contain information on compensation paid to similar positions in comparable counties.
Comparators. 11. There was no want of comparators in the present matter. Based on these, counsel for the parties suggested awards for pain and suffering that reflected a vast difference in quanta, with the claimant suggesting $200,000 and the defendant $90,000. Some of these comparators were clearly and glaringly inappropriate and distinguishable either based on the severity and/or extent of injuries. In the conduct of this comparative analytical exercise, the court referenced some of the cases that were deemed inappropriate comparators for the purpose of setting the contours of the assessment. In the opinion of the court, comparators even where found unsuitable or capable of being distinguished were still informative in settling the award for the present claimant. As with most personal injury cases, the nature and extent of injuries as well as the pain, suffering and loss of amenity will not always be equivalent. What was required in the current exercise was that the court recognized the contextual realities of the comparators and made the adjustments to reflect same.
Comparators. 15. The following comparators were suggested to the court for consideration:
Comparators. 88. A more complete picture of the existing situation was provided to the Board at the very end of the arbitration process when the City and the Association portrayed current practices in asserting their competing positions. The difficult question is what to make of this comparator evidence. Comparator evidence requires context.
Comparators. Interest arbitrators in this and other sectors prohibited from strike/lockout look to the collective bargaining results of comparable bargaining units covering the term of agreement under consideration. This is the primary means of giving effect to the 2024 CanLII 66452 (ON LA) principle of replication. In this case, given the population and location of Hamilton, the primary fire service comparators are and have been for many years Brampton, Mississauga, Oakville and Toronto. The local police are always a comparator in fire sector interest arbitration, especially in regard to salary. The City argues that comparator fire sector units should include all those in Ontario with populations that exceed 100,000. These parties have never relied upon such a geographically open-ended universe. However, as will become apparent, in the circumstances here it has been necessary to consider a universe of secondary comparators with significant populations that are geographically proximate. These are Burlington, Kitchener, Waterloo and Guelph. Burlington has a population of over 200,000 and is contiguous to both Hamilton and Oakville. Kitchener, Waterloo and Guelph are within a 50-kilometre radius of Hamilton. Kitchener also has a population of over 200,000. The term of agreement as agreed between the parties (2023-26) coupled with the COVID inflation inhibit reliance upon the primary comparators here. The Brampton, Mississauga and Toronto agreements extend only into 2023, the first year of the agreed upon 2023-26 term of operation of this renewal collective agreement. (Oakville expired in 2022 and is presently before an interest arbitrator.) However, these collective agreements were negotiated in late 2018 and early 2019, before the onset of the pandemic-related inflation, i.e. 6.8% in 2022 and 3.9% in 2023, that most certainly will be taken into account in the current renegotiation of these salaries for 2023 and 2024. It follows that the 2023 rates that were negotiated in 2018 and 2019 are of little assistance in determining the 2023 rates at this time. 2024 CanLII 66452 (ON LA) While the primary comparators do not assist in determining the quantum of a fair and equitable post-2022 salary award for the period 2023-26, guidance can be taken from the secondary fire comparators where salaries were determined post 2022 and where there exists a historical relativity to Xxxxxxx and the other primary comparators.
