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[Sexual Harassment: Civil Cases: Employment: Summary]
Sexual Harassment: Civil Cases: Employment: Summary
| Case | Details | Aggravated | Punitive |
|---|---|---|---|
| Descending Date Order | Other Claims | ||
| McGraw v Southgate | The defendants acted on unfounded, sexist allegations relating primarily to conduct from years prior, without properly ascertaining the truth and without even asking Ms. McGraw about the allegations. Mr. Milliner conducted an amateurish investigation. He conflated gossip with facts. Without justification, he accepted the allegations and assumed the worst of the fire department’s only two paid staff. He failed to recognize the patent gender-based discrimination directed at Ms. McGraw. | $75,000 | $60,000 |
| OSC Oct 2021 | The allegations were fantastical. They were made in a male-dominated environment. The defendants ought to have been highly suspicious that the allegations were based on discrimination. The failure of the defendants to support Ms. McGraw against discrimination was a significant, distressing failure. | $35,000 Human Rights award | |
| Plff was one of the female instructors at the fire college, she was unjustly accused of giving grades for sex. | $20,000 defamation | ||
| Mr. Milliner, the investigator, misunderstood or misremembered the story told to him by Mr. Sherson, and incorrectly attributed the blame to Ms. McGraw. | |||
| Colistro v. Tbaytel; upheld by OCA March 2019; leave to appeal dismissed | Employer chose to proceed with the hiring of an individual whom it knew had previously sexually harassed the plff. This was a blatant disregard for her interests. | $100,000 | |
| Zando v Ali | Physician raped by colleague | $175,000 for assault | $25,000 |
| Aug 2018 | |||
| Trial | |||
| Apr 2017 | |||
| Doyle v Zochem | Cursory investigation of sexual harassment complaint allowed for aggravated damages. Short term disability application wrongfully denied. The company requested employees to “dig up dirt” on plff. | $60,000 plus $20,000 as human rights compensatory award | |
| OCA | Employer assured Doyle that her job was not in jeopardy when in fact the decision to terminate had already been made and the termination letter was probably already in the making. | ||
| 2017 | Termination due to gender and sexual harassment complaint. | ||
| City of Calgary v CUPE | Sexual Harassment; | $125,000 | |
| Alberta arbitrator | Unfair investigation which enhanced plff’s suffering due to lack of action; | ||
| Dec 2013 | Arbitrator was allowed to use common law, human rights and arbitral remedies on consent of the parties | ||
| MB v Deluxe Windows | Sexual assault; | $300,000 assault | |
| OCA | Serious psychological injuries | $25,000 | |
| Mar 2012 | |||
| Corfield v Shaw | Plff was sexually assaulted nine times; | $60,000 assault and future income loss $22,500 | nil |
| BC SC | Damages for assault and future income loss and publicity of wrongdoing were sufficient to deny punitive damages;\ | ||
| Oct 2011 | Presumed lack of financial resources | ||
| Elgert v Home Hardware | Unfair investigation of sexual harassment allegations; | $60,000 damages in defamation against personal defendants | $75,000 |
| Alb CA | Trial award of $300,000 aggravated reversed on appeal and $200,000 punitive reduced to $75,000. | ||
| Apr-11 | |||
| K.T. v Vranich | Sexual assault, | General and aggravated damages $125,000 | $125,000 |
| OSC 2011 | intentional infliction of mental suffering; breach of fiduciary duty; Occupier's Liability Act; | ||
| Breach of obligation of good faith and fair dealing at the time of dismissal | |||
| action was undefended | |||
| Strong v Kisbee Estate | Claim of sexual assault due to rape set by Court of Appeal; | $100,000 damages not defined as aggravated | |
| OCA August 2000 | Trial judge had found a limitation issue and made no provisional assessment. | ||
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David Harris — Canadian Employment Law
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📅 Updated:
October 11, 2025