Thwaites, a master seaman in the Canadian Armed Forces (CAF), was dismissed from his job. He filed suit against CAF alleging that his right to be free from discrimination was violated as his dismissal was due to his HIV status. The Human Rights Tribunal held that CAF had discriminated against Thwaites due to his HIV status in violation of his rights. CAF appealed the Tribunal’s decision on the grounds that the Tribunal erred in assessing the risks Thwaites posed to others and to himself.

The Court dismissed the appeal holding that the Tribunal was correct in the manner in which it assessed the risk Thwaites’ HIV status posed to others and himself. The Court also held that the Tribunal was correct in its awarding Thwaites damages as well as interest on damages.

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