View cases - Stewart McKelvey

7A340 FO YVR until his retirement. However, from July 2003 to August 2003 he was paid at therate of a B747 FO YYZ.[26] The next step was to strike his proxy cohort for the years 2003 to 2010 which consisted offive pilots senior to him and 5 pilots junior to him who were based in Toronto. His reasoning wasthat but for Article 25.06.02 of the collective agreement, he would have been awarded thatposition in 2003.[27] By reference to the Air Canada Pilot Position Assignment List for these years and on thebasis of his proxy seniority, Vilven concluded that he would have bid and held the positions andseniority set out in Appendix I.2010 CHRT 27 (CanLII)[28] Applying the pay rates referred to above, Vilven claims his total income would have been$1,086,093 from September 1, 2009 to April 30, 2010. (see Appendix I). This amount does nottake into account his pension income received, required pension contributions or mitigationincome during that period.[29] The question at this point is whether Vilven is justified in using the B747 FO YYZposition as his starting point rather than his retiring position of A340 FO YVR. Under the AirCanada Pilots Pension Plan, a pilot’s pension payout is based on the average of their best fiveyears of earnings which is normally the sixty months prior to their retirement multiplied by theiryears of service.[30] Vilven turned 60 in August 2003. At that time he had 22 years of pensionable service. Tomaximize his pensionable earnings, Vilven said that his practice was to always exercise hisseniority rights to bid a position on a higher aircraft with a higher rate of pay.[31] In 1998, Vilven held the position of an A320 FO in Winnipeg. He knew that inAugust 1998, he was entering his last five years as an Air Canada pilot. But he did not bid for ahigher position to maximize his earnings until late 1999 or early 2000 when he exercised his