Human Rights Damage Awards



Case Tribunal


Facts Summary Compensatory and Lost Income Awards
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]
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
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
Reprisal $2,000 plus a further $500
Turner v Canada Border Services CHRT


Perceived disability $15,000 compensatory and $15,000 special damages
10 year income loss plus 5 year income differential in the total sum of $280,000
Warman v Winnicki CHRT


Reference to applicant as “vile acidic Jew” $500 as reprisal plus $5,000 as special damages
Cassidy v Canada Post CHRT


Conduct said to have limited impact on applicant $2,000 plus $500 as special damages




[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.