Human Rights Damage Awards

Ontario – Human Rights by Civil Action

 

Case

Details

Award

 

 

 

Silvera v Olympia

OSC 2015

Sexual assault – touching

case was not defended

$30,000 as Human Rights damages. Action was undefended. Additional damage claims were allowed of $90,000 aggravated, $10,000 punitive, $42,750 costs of future care, $33,900 future income loss

 

 

Strudwick v Applied Consumer & Clinical

OCA 2016

abusive treatment due to deafness

OCA increased trial award from $20,000 to $40,000

Doyle v Zochem

OCA 2017

Sexual harassment

 

$25,000 for the Code violation of sexual harassment. The issue on appeal focused on the additional award made of $60,000 for moral damages, which was upheld by the Court of Appeal. The award of human rights damages was seen as one serving a distinct purpose although the “same conduct may ground separate awards”. Human rights awards are designed, the court noted, to compensate for the loss of “the right to be free from discrimination and the experience of victimization”.

Osmani v Universal

OSC

December 2022

Plff was punched in the testicles by his manager resulting in surgical removal.

USRL engaged in a series of acts that poisoned the workplace and undermined the employee/employer relationship. These acts include: failing to respond to Mr. Osmani’s repeated complaints about Mr. De-Almeida’s conduct, which USRL knew involved a strike to the testicles as well as verbal abuse; failing to conduct any investigation into and/or discipline of Mr. De-Almeida, failing to separate Mr. Osmani and Mr. De-Almeida for anything more than a short “happenstance” period of time.

b.   In addition, when Mr. Osmani fell from the ladder and was injured, USRL crafted a false narrative that sought to place blame on Mr. Osmani for the workplace accident. It also dissuaded him from pursuing a WSIB claim and used Mr. De-Almeida as its intermediary to accomplish this end.

c.   Once Mr. Osmani returned to work, he was eventually placed back with Mr. De-Almeida. He was also made to perform duties outside his capabilities and had his WSIB claim prematurely terminated resulting in the loss of his wage top-up.

 

Human rights: Ethnic slurs such as “dumb/fucking Albanian” and “dumb/fucking Italian”;

b.   Immigration status related comments suggesting that Mr. Osmani would be placed on the “next plane” back to Albania unless he followed instructions and comments suggesting that for two years (the length of the work permit), Mr. De-Almeida had Mr. Osmani’s “balls” in his hands;

c.   Referring to Mr. Osmani as “a bitch” or “his bitch”;

d.   Offers to “help” Mr. Osmani with his wife’s sexual needs as a result of the trauma to the testicles; and,

e.   Various “pranks” involving Mr. Osmani’s testicles which occurred after Mr. Osmani was struck forcefully in the testicles by Mr. De-Almeida.

Failure to investigate created a poisoned work environment

 

$100,000 Assault

$10,000 battery

$75,000 on dismissal

Human rights violations $50,000;

$25,000 against personal defendant