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Human Rights Damage Summaries Index ›
[Human Rights: Damages: Canada: Summary]
Human Rights: Damages: Canada: Summary
| Case | Tribunal | Facts Summary | Compensatory and Lost Income Awards |
|---|---|---|---|
| Year | |||
| Note Canada has maximum recovery of $20,000 for injured feelings and $20,000 for reckless conduct. Lost income is not included in these caps. | |||
| Family Status | |||
| Johnstone v Canada Border Service Agency. | FCA | Failure to offer procedural and substantive accommodation | $15,000 plus $20,000 as “special damages” due to wilful and reckless conduct[1] |
| 2014 | |||
| Seeley v CNR | FCA | Child care issue – move from Jaspar to Vancouver | $15,000 plus $20,000 due to wilful and reckless conduct plus reinstatement and 2.5 years lost pay less 30% reduction due to mitigation issue, plus affirmative order |
| 2014 | |||
| Hicks v Human Resources and Skills Development Canada, upheld by Federal Court of Canada | FCA 2015 | Moving costs policy unfairly applied. | $15,000 plus $20,000 due to wilful and reckless conduct |
| Berberi v Canada | CHRT | Physical altercation of a “brief duration” | $5,000 compensatory plus $2,500 due to wilful and reckless conduct |
| 2009 | |||
| Reprisal | $2,000 plus a further $500 | ||
| Turner v Canada Border Services | CHRT | Perceived disability | $15,000 compensatory and $15,000 special damages |
| 2015 | |||
| 10 year income loss plus 5 year income differential in the total sum of $280,000 | |||
| Reprisal | |||
| Warman v Winnicki | CHRT | Reference to applicant as “vile acidic Jew” | $500 as reprisal plus $5,000 as special damages |
| 2006 | |||
| Cassidy v Canada Post | CHRT | Conduct said to have limited impact on applicant | $2,000 plus $500 as special damages |
| 2012 | |||
| [1] As allowed by the Canadian Human Rights Act to a maximum of $20,000. The same statute has capped compensatory damages at $20,000 as of June 1998. | |||
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David Harris — Canadian Employment Law
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