What is the legal test used to determine compensation for loss of income or wages as a result of discrimination?

The process of assessing compensation for loss of income or wages in a situation where the loss flows from the denial of an opportunity for employment will, in summary, take the following path. First, the tribunal should determine the complainant’s entitlement to a loss of income or wages as a result of the discrimination by assessing whether there was a reasonable possibility the complainant would have been offered employment, if the opportunity had not been denied. Secondly, if the complainant establishes entitlement to compensation for loss of income, the tribunal must establish the amount of the compensation by considering evidence of the quantum of the loss as well as the factors which, by law, limit the amount of the loss such as the likelihood of the complainant being unsuccessful in the competition for the employment position as well as the efforts which the complainant took to mitigate his or her loss. As Phalen J. stated at para. 50 of Chopra v. Canada (Attorney General) 2006 FC 9: The law has balanced the lower standard of proof of the existence of loss with a realistic assessment of the extent of that loss.