Human Rights Damage Awards

Manitoba

 

 Case Year  Summary Award 
Garland v. Tackaberry (c.o.b. Grape & Grain), [2013] MHRBAD 5. 2013 Abusive comments and conduct towards a young woman by a customer upon which the company refused to act. $7,750. This was the highest award prior to Emslie.
Metaser v Jewish Community Campus of Winnipeg Inc Oct 2013 Inappropriate sexual jokes and sexual solicitations. $5,250
Emslie v Doholoco 2014 The applicant was subject to physical contact by the owner of the business which caused severe emotional harm, including "anxiety, depression, flashbacks and panic attacks which continued for several years".

The Manitoba Code allows for punitive damages of up to $5,000 against an individual and up to $25,000 against a corporation. This order was made against the owner personally. The panel noted the Ontario law which suggested a range of $12,000 to $50,000 and stated that awards in other provinces have been higher than that of Manitoba. Nothing was done to correct that. The facts in this case were said to support an award in the high end of the range.

$15,000 compensatory and $5,000 punitive
Jedrzejewska v A+ Financial Services Ltd 2016 unwelcome sexual solicitations; adverse treatment due to sex; “prolonged and vile conduct” $20,000 to each complainant
 
 T.M. v Gov't of Manitoba  2019 harassment due to homosexuality $75,000
Pruden v Manitoba 2020 Denial of health care to young boy and his mother due to ancestry;

Issue was taken to the use of Ontario cases in T.M.

$30,000 to child and $12,500 to mother
 

 

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