Human Rights Damage Awards

Family & Marital Status

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.