Case | Tribunal
Year |
Facts Summary | Compensatory and Lost Income Awards |
Canada | |||
Johnstone v Canada Border Service Agency. | FCA
2014 |
Failure to offer procedural and substantive accommodation | $15,000 plus $20,000 due to wilful and reckless conduct[1] |
Seeley v CNR | FCA
2014 |
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 |
Ontario | |||
Callagahan v Ryans Quality Pet Foods | OHRT
2012 |
Denial of a promotion due to child care issues | $1,500 |
MacDonald v Mid-Huron Roofing
|
OHRT
2009 |
Requirement to take no more than 20 minutes for personal issues | $20,000
2 months lost income |
Miraka v. A.C.D. Wholesale Meats Ltd | OHRT
2016 |
Need to care for children due to spouse’s illness | $10,000 |
Partridge v Botony Dental | OSC civil action
2015 |
Child care issues, refusal to reinstate following maternity leave | $20,000 |
Bray v Canadian College of Massage and Hydrotherapy | OSC
2015 Civil action |
Adverse treatment due to status as new mother | $20,000 plus $5,000 punitive damages |
Vaid v Freeman Formalwear | OHRT
2009 |
Questions in the interview process | $3,000 |
Callaghan v 1059711 Ontario Inc. | OHRT
2012 |
Questions in the interview process | $1,500 |
Kartuzova v HMA Pharmacy | OHRT
2012 |
Questions in the interview process relating to family and marital status | $4,000 plus $500 lost wages |
Alberta | |||
SMS v CEP Union | Arbitrator award upheld on review
2015 |
Child care issues and rotational shift work | Ordered to allow regular day shifts |
Clark v Bow Valley College | AHRC
2014 |
Issue of the availability of child care following pregnancy leave | $15,000 and lost income award of 4 months (mitigation issues) |
New Brunswick | |||
Tracey v Melanson’s; affirmed with respect to liability and damage award
|
NB QB | Marital status | $2,000 |
[1] As allowed by the Canadian Human Rights Act. The same statute caps compensatory damages at $20,000.