Chapter

Human Rights Damage Awards

Comparative charts and summaries of injury-to-dignity and income-loss awards.

Harris on Canadian Employment Law
Cases · Commentary · Damage charts · Research indexes

Future Lost Income – Civil

Future Loss – Human Rights Tribunals       McKee v. Hayes-Dana Inc. (1992), 17 C.H.R.R. D/79. Ont B of I age 15 months prospective loss          Rajput v Algoma University College (Tarnopolsky). Ont B of I

Future Lost Income – Civil – Employment Related Sexual Issue

Case Court Year Summary Result Silvera v Olympia OSC 2015 Sexual assault Intentional infliction of mental suffering; breach of fiduciary duty; Occupier’s Liability Act; Breach of obligation of good faith and fair dealing at the time of dismissal $42,750 for

Awards of Future Lost Income

  Arbitral and Labour Canada Decisions Nihal Mathur v Bank of Nova Scotia, Armstrong Adjudicator (not Mahavir Mathur v Bank of Nova Scotia) Adj. Unjust Dismissal case under the Canada Labour Code. Reinstatement was denied. 1 year and 2 months

Decisions Limiting Lost Income Awards – Various

Tribunal Decisions Limiting Lost Income Claim Clennon v Toronto East General HRTO 2009 No lost income claim as termination for performance reasons would have followed in any event. Hughes v 1308581 Ontario Ltd HRTO 2009 Business closed. No income claim

Tribunals – Lost Income Awards

Case Trib Year Issue Lost Income Award Tribunal Decisions – Lost Income Treane v City of Windsor HRTO 2011 Age related medical testing 2 years and 4 months Kelly v. University of British Columbia; upheld on judicial review by B.C.

Ontario Tribunal

Case Tribunal Year Summary Compensatory Damages & Lost Income and other Awards  General Comment  The reader should review the narrative section of the text dealing with compensatory damages and “mental anguish” awards prior to the amendments to the Ontario Code

Independent Canadian employment law analysis by David Q. Harris.

For Mediation of Employment Law & Workplace Human Rights Issues