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[Human Rights Damage Awards: Summary: Maritime Provinces]

Human Rights Damages: Summary: Maritime Provinces

Nova Scotia

Slaunwhite v Bay Landing Dining Room	2005	Harassing conduct was verbal and physical	$3,500



Davison v N.S. Construction Safety, upheld in the N.S. Court of Appeal	2006	One reason for the apparently low range of the awards is that medical evidence was not routinely offered, or at least this was suggested by the Nova Scotia Board of Inquiry.	$3,000 general damages and $3,000 for reprisal
	2006	Court of Appeal set aside $7,000 punitive damage award	$3,000 general damages and $3,000 for reprisal


Bennett v Hau’s Family Restaurant	2007	Range said to be between $1,000 to $5,000.	$3,500

Brothers v Black Educators	2013	adverse treatment due to race	Global sum ordered for lost income and damages of $11,000. Range of expected damages in this case said to be between $6,000 and $8,000. Claim made of lost income was $3,859.


Cromwell v Leon's This decision was set aside and a new hearing was ordered.	April 2014	adverse treatment due to race: racial slurs and harassment	The submission that $10,000 is high water mark is rejected. Award made of $8,000. Loss of wages ordered for period of 18 months. Cultural competency training ordered.

Graham v Shear Logic	Dec 2014	adverse treatment due to sexual preference and sexual harassment	$11,400

Yuille v Nova Scotia Health Authority	March 2017	failure to accommodate disability; unable to work night shifts. Complaint had given up prior position to accept this employment. Marriage ended and was worried about her future career path.	$15,000 said to be in the mid to upper range of damage awards; lost income sum to be determined by the parties. Stated to be from date of loss of position to date of new employment. Next available position to be offered to complainant.


Nova Scotia v Wakeham	June 2017	failure to accommodate disability	Damages of $35,000; Lost income not reduced by LTD or by CPP disability. Award of $51,000 for lost income. Tax gross-up also ordered.


Y.Z. v Halifax Regional Development	2019	racial discrimination caused permanent emotional damage	$80,000 plus $25,000 to spouse; Award of $80,000 was influenced by extraneous factors impacting applicant's mental health, as set out below. Lost of income claim, past and future was discounted by 50%. Total award, after discount was $433,000. Award of costs of future care was also subject to the same discount. Net award was $21,675. Total award with interest was $570,400. 40% of the 50% discount was due to external factors, such being the impact upon the applicant of the death of a co-worker, pre-existing GI and back issues, and non-discriminatory workplace conflicts. Lost income sum was allowed, subject to the 50% discount until age 60, this being the date on which the magic "80" number of years of service and age would have been attained to allow for a full pension. The remaining further 10% was due to the failure of the applicant to accept the offer of a transfer to a different work location.


New Brunswick

Hooper v Dante’s Dance Club	NB LEB	Sexually offensive language and conduct	$5,000
Hooper v Dante’s Dance Club	2006	Sexually offensive language and conduct	$5,000


Tracey v Melanson’s; affirmed with respect to liability and damage award	NB QB	Marital status	$2,000
	Feb 2007	Marital status	$2,000

Ewart v Kilburn	Aug 2007	sexual harassment: frequent touching and sexual remarks	$15,000


SWE v BK	Aug 2007	Male complainant who was subjected to severe harassment by a male colleague. He woke up to discover the respondent committing fellatio upon him	$15,000


Steeves v Woody’s Place	Oct 2007	Verbal abuse and some touching	$2,000

Way v New Brunswick	Feb 2021	mandatory retirement at age 65 found to be age violation; driver reinstated	$5,000 plus wage loss to be determined


Federation of Teachers of NB v New Brunswick	Jan 2021	failure to accommodate disability of anxiety/ADHD. Teacher removed from position of Resource Instructor to regular classroom, which was contrary to medical advice	$3,500 plus lost wages from Sept 2018 to May 2019


Le Syndicat des infirmières et infirmiers du Nouveau-Brunswick c Le Conseil de Gestion This is the liability decision. Remedy decision has yet to be reported	March 2024 liability decision	failure to accommodate medical disability.	$40,000 for breach of human rights and $50,000 for aggravated damages
Arbitral award of Lynne J. Poirier. The award included human rights issues. The unreported remedy award considered arbitral and human rights issues.


New Brunswick Nurses Union and Poirier v Treasury Board	Arbitral Award of Michel Doucet July 2024	failure to accommodate disability	$40,000

Barton v Nordia	October 2024	failure to accommodate physical disability, as employee suffered from back and neck pain	$5,000 plus cost of ergonomic chair purchased by employee of $834.


Syndicat des infirmières et infirmiers du Nouveau-Brunswick v Nouveau-Brunswick	Arbitral decision of Michel Doucet Oct 2024	failure to accommodate disability	$40,000 for human rights award for injured feelings plus $50,000 aggravated damages


Blaney v New Brunswick	July 2025	adverse treatment due to political belief	Lost wages from February 28, 2015 to June 4, 2017 in the sum of $358,000, lost vacation pay of $42,968, and lost pension accruals estimated to be $40,000. Damages for injured feelings of $230,000. Lost value of residence, roughly $20,000. Total award with interest was roughly $700,000.


PEI

Reverend Gael Matheson v Presbytery of Prince Edward Island	PEI HRC	Gender discrimination and sexual harassment over an extended time period	$50,000
Reverend Gael Matheson v Presbytery of Prince Edward Island	2007		An award of lost income of $425,000 was also made plus a pension loss.

MacTavish v PEI	June 2009	adversely treated due to political beliefs	$8,000

Milligan v Maczak Holdings Ltd	PEI HRC Sept 2013	Server was subjected to sexual touching, derogatory language. Management took no action. Lack of anti-harassment policy. Termination found not to be related to this conduct.	$15,000




S.R. v A Pastoral Charge	Newl & Lab B of I	Adverse treatment due to sexual orientation.	$30,000
S.R. v A Pastoral Charge	2018	Adverse treatment due to sexual orientation.	A further sum was also ordered for a prospective lost income claim of $2,430 and a claim for lost pension benefits of $1,750. A 10% contingent risk discount was applied. Also allowed was claim for the loss of an unpaid leave of $15,000. A further sum was awarded for mitigation expenses which included legal fees, meals, witness fees, cannabis prescriptions, use of vacation to attend hearings and contributions to pension and long term disability benefits in the sum of $6,300. A further sum of $15,000 was allowed for future psychological counseling
Maharajh v Atlantic Offshore Medical Services	July 2020	adverse treatment due to medical use of cannabis to treat chronic pain suffered due to bone cancer	$7,500 plus $50,000 lost income. Apology plus training ordered.