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Tribunal Awards – Canada: Sexual Harassment
| Tribunal Awards – Canada | |||
| General Considerations | There is a legislated cap on the sum to be awarded for compensatory damages of $20,000. The Act also allows for a further order up to $20,000 as “special damages” where the conduct is “wilful and reckless”, which sexual harassment conduct is routinely considered to be. The amendments allowing such two awards came into effect in June of 1998. All awards prior to this date should be read with this qualifier in mind. The Peters case below stated that the cap applies to each instance of a human rights violation. |
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| Prior to June 30, 1998, awards to victims for non-pecuniary damages were limited to only $5,000 | |||
| Peters v United Parcel Service | Jan 2025 | adverse treatment due to disability and sexual harassment | $20,000 for sexual harassment and a further $20,000 as special damages. $20,000 for adverse treatment due to disability and a further $20,000 as special damages related to the disability claim. |
| Young v Via Rail | June 2023 | sexual harassment | $12,000 for pain and suffering: $3000 for reckless conduct; $6359.85 for lost overtime wages; |
| Dicks v. Randall | Mar 2023 | unwanted touching, suggestive remarks, physical gyrations, solicitation of sexual history, invitations to go on dates, invitations to get drunk together, and invitations to come to his residence constituted conduct that was clearly sexual in nature, over a three month period | $9,000 compensatory and $5,000 for reckless conduct |
| R.L. v Canadian National | Sept 2021 | Comments made – “this is why women shouldn’t work here” and B.C.’s comments that she was a “bitch” or a “fucking bitch” constituted the discriminatory harassment for which CN is liable | $5,000 |
| N.A. v. 1416992 Ontario | Dec 2018 | Severe sexual harassment | $10,000 compensatory and $20,000 for reckless conduct plus lost income of $18,000 |
| Cassidy v Canada Post | 2012 | A single issue, albeit with a physical altercation of a “brief duration” | Compensatory award of $5,000, special damages of $2,500. Additional damages were also awarded for retaliatory conduct in the sum of $2,000 plus a further $500 as “special compensation”. |
| Berberi v Canada. Further issues arose which are not relevant to this issue, as noted in a subsequent hearing before the tribunal and the Federal Court, Trial Division. | 2009 | Awards in the range of $12,000 to $15,000 are reserved for "the most egregious discriminatory acts". | |
| Naistus v. Chief | 2009 | Personal respondent was sexually obsessed with the complainant over a two year period, was humiliated resulting in anxiety and depression causing the need for an emotional distress leave. This conduct caused the victim to leave the town in which she lived and start a new life elsewhere. | Awards of $16,000 and an additional sum of $18,000 as “special compensation” |
| Woiden v Lynn | June 2012 | Vulgar and offensive remarks and propositions made by the personal respondent. One of the complaints was based on family status. | Each of three complainants were awarded $10,000 as “special compensation” |
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