Human Rights Damage Awards

VL – Civil

Case Court/Year Summary Award
       
K.T. v Denis Vranich, Elixir and Paradise Lane Developments Hamilton Inc. OSC 2011 Claim by waitress sexually assaulted against employee of bar and finding of vicarious liability. The employee was also seen as “operating mind” which is usually seen as a ground of liability independently of the VL test. Judgment jointly and severally. The case was undefended.
Hudson v Youth Continuum, Phillip Brindle and The Brindle Agency Inc OSC 2012   The judgment was against the personal and corporate defendants jointly and severally. There is no analysis of vicarious liability, however. The case was undefended.
Pawlett v Dominion Protection Service Court of Appeal Alb CA 2008 Finding on vicarious liability where the plaintiff was supervised by person she believed was in charge of the company, often left alone together. No sexual harassment manual found as a factor in the finding.  
Ivic v Lokavic Leave to Appeal denied OCA 2017 SCC Feb 2018 OCA denies plea of VL in case of sexual assault by cab driver against intoxicated woman traveling alone