| Case
Date Order |
Details | Aggravated
Other Claims |
Punitive |
| Elmsdale Landscaping v Hiltz
August 2023 Nova Scotia CA |
The employer was not candid with Mr. Hiltz about the suspension, its duration or any conditions that may have ended it.
Plff advised that he was laid off due to work shortage, yet the company continued to hire additional employees for its busy season. It was clear that Mr. Hiltz specifically was not to be recalled to work, even as work was available. Elmsdale had intimate personal knowledge and experience with this worker developed over the course of 17 years. Elmsdale had made meaningful accommodations for Mr. Hiltz over that time to support his personal circumstances. It was an act of bad faith for those personal accommodations to be the subject of Mr. Coupar’s call to Mr. Hiltz by calling him ‘bad with money’.
|
$15,000 | |
| 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 def |
| Rutledge v Markhaven
OSC November 2022 |
The manner of the investigation was not by “an independent third party” as plff was advised in writing. The investigation commenced earlier culminating with a capture of her emails after months of being aware of an allegation Laura Rutledge was responsible for Arjun Sathyaseelan’s selection as Food Services Manager on the basis of a romantic relationship and contrary to her responsibility to put the best interests of her employer first.
Plff gave evidence of attending her examination for discovery and observing photographs of her home with comment by defence counsel of a pending motion for security for costs (which was never brought).
|
$50,000 | |
| Humphrey v Mene motion; upheld by OCA July 2022 | COO plff requested raise, which was followed by suspension notice; plff found about suspension from a vendor; memo to employees advising plff was suspended pending investigation; allegations of just cause maintained until one day prior to hearing date; malevolent litigation tactics | $50,000 | $25,000 |
| Etedali v Disi-Peri Mgmt
OSC April 2022
|
Allegations to support punitive damage award:
Requiring Etedali to take a work-related medical stress leave unpaid; Issuing a notice to remove Etedali from the Board of Directors with no explanation and delivered on the same day as his return from his stress leave; Requiring the two day look ahead report the day following Etedali’s removal as a director; Failing to attempt to discuss with Etedali the source of the work stress; After terminating Etedali without cause, threatening to assert cause and “got to war” if he did not accept DPI’s offer with knowledge of his precarious financial position; Unreasonably asserting cause after the offer was rejected, and failing to pay the shareholder loan (which was due and owing irrespective of the reason for termination) for approximately 11 months; Taking advantage of Etedali’s precarious financial position by withholding his shareholder loan to gain an unfair advantage in this litigation.
|
$75,000 | |
| McGraw v Southgate
OSC Oct 2021 |
The defendants acted on unfounded, sexist allegations relating primarily to conduct from years prior, without properly ascertaining the truth and without even asking Ms. McGraw about the allegations. Mr. Milliner conducted an amateurish investigation. He conflated gossip with facts. Without justification, he accepted the allegations and assumed the worst of the fire department’s only two paid staff. He failed to recognize the patent gender-based discrimination directed at Ms. McGraw.
The allegations were fantastical. They were made in a male-dominated environment. The defendants ought to have been highly suspicious that the allegations were based on discrimination. The failure of the defendants to support Ms. McGraw against discrimination was a significant, distressing failure. Plff was one of the female instructors at the fire college, she was unjustly accused of giving grades for sex. Mr. Milliner, the investigator, misunderstood or misremembered the story told to him by Mr. Sherson, and incorrectly attributed the blame to Ms. McGraw.
|
$75,000
$35,000 Human Rights award $20,000 defamation |
$60,000 |
| Alberta Computers.com Inc v Thibert
Alb CA June 2021
|
Aggravated damage award was not appealed
Defamatory words: Dear Customer, As of September 2, 2009 Troy Thibert is no longer employed with Alberta Computers. We regret Troy Thibert’s decision to leave, but wish him well in any future endeavors. It has, however, come to our attention that he has approached many of our clientele, which is a breach of fiduciary trust and as such our lawyers are issuing him a cease and desist letter. We are sending you this letter to inform you that Troy is legally obligated under common law to cease all services and solicitation with you as a client. Employer made comments about Mr. Thibert’s inability to sell in front of the others in the meeting. He also said he had been trying to fire Mr. Thibert for two months. Two persons present had no involvement in supervising Mr. Thibert. Mr. Thibert testified that he was devastated. |
$10,000;
$60,000 for defamation |
|
| Chen v MagIndustries
OSC 2021 |
Employer agreed plff was owed a payment of more than $500,000. It failed to pay even the minimum statutory sum. | $20,000 | |
| Headley v City of Toronto
August 2019 |
Unfounded allegations of theft; refusal to reply to requests for a reference letter;
Flawed investigation Finding made that the allegations made it more difficult for the plaintiff to find comparable employment |
$15,000
$50,000 for compensation in difficulty to find alternate employment Wallace part 2 |
|
| Bassanese v. German Canadian News
Feb 2019
|
The employer ignored her complaint and neglected to investigate the complaint or take steps to address inappropriate conduct.
Note: The case was not defended |
$50,000 | |
| Colistro v. Tbaytel; upheld by OCA March 2019; leave to appeal dismissed
|
Employer chose to proceed with the hiring of an individual whom it knew had previously sexually harassed the plff. This was a blatant disregard for her interests. | $100,000 | |
| Ruston v Keddco
OCA Feb 2019 |
Employer threatened plff not to make a claim and by instituting the counter-claim was calculated to, and did, cause the plff stress. Counterclaim alleged fraud and claimed $1.7 million which was reduced to $1 after seven days of trial. C-C was a tactic to intimidate.
Manner of dismissal was devastating and had caused the plff stress. |
$25,000 | $100,000 |
| Horner v. 897469
OSC January 2018
|
The employer’s conduct was malicious, oppressive and high-handed. Instead of investigation of the bullying, the plff was terminated.
Note: case was undefended |
$20,000 | $10,000 |
| Galea v Wal-Mart
OSC December 2017 |
Pre-termination, plff was made to suffer repeated humiliation, starting with the announcement of her re-assignment from Vice President, General Merchandising to that of a roving vice president of little substance. There was no opportunity provided within Wal-Mart Canada for her, and she received no offers from any Wal-Mart Company in India, Brazil, Chile or the U.K.
Employer made representations to Ms. Galea that amounted to extending a good faith promise it never kept. Litigation conduct and trial tactics also influential. |
$250,000 | $500,000 |
| Lalonde v Sena Solid Waste
Alberta QB 2017
|
Defendant had made up his mind to dismiss the Plaintiff within days of his suspension, therefore supporting the conclusion that the investigation was at best incompetent and unfair and at worst a sham. The Defendant clearly ignored or failed to give proper weight to information it received from another employee. | $75,000 | |
| Doyle v Zochem
OCA 2017 |
Cursory investigation of sexual harassment complaint allowed for aggravated damages. Short term disability application wrongfully denied. The company requested employees to “dig up dirt” on plff.
Employer assured Doyle that her job was not in jeopardy when in fact the decision to terminate had already been made and the termination letter was probably already in the making. Termination due to gender and sexual harassment complaint.
|
$60,000 plus $20,000 as human rights compensatory award | |
| Strudwick v. Applied Consumer & Clinical Evaluations
OCA 2016
|
Refusal to accommodate plff’s disability which was deafness. It then took steps to exacerbate the impact of her deafness on her ability to perform her job to force her to resign. When that did not work, the company fired her for a frivolous and particularly offensive reason and in a manner intended to cause maximum embarrassment.
Paperwork had been prepared by the company that was designed to deprive her of various legal rights. When she would not sign, she was not given money the company then owed her. She was further humiliated by having to gather her belongings and leave under the stares of co-workers. The abuse did not cease after termination. Government intervention was needed before Applied Consumer gave Ms. Strudwick the pay it owed her at the time of dismissal. Then the company tendered a record of employment that delayed Ms. Strudwick’s entitlement to receive employment insurance. This conduct resulted in lasting psychological harm to Ms. Strudwick. As previously noted, she was diagnosed with an adjustment disorder with mixed anxiety and depressed mood requiring prolonged weekly cognitive behavioural therapy. |
OCA increased award for human rights violation from $20,000 to $40,000;
$70,000 in aggravated damages. The trial judge made no award of aggravated damages in view of the tort claim and the human rights award. |
$55,000, which revised the trial award of $15,000 |
| Price v. 481530 B.C. Ltd
B.C.S.C 2016
|
Plff suffering from cancer and suffering from stress. Employer made allegations of many dishonest acts, including theft; Loss of future employment could result from these allegations; | $50,000
$100,000 in damages for tort of conspiracy to injure |
|
| Morison v Ergo-Industrial Seating
Oct 2016 OSC
|
Plff was terminated by a quick telephone call followed by a letter that alluded to the possibility of cause.
Allegations of cause initially pleaded and the lack of a reasonable belief on the part of the defendant to support the allegations of cause; the lack of any warning and of any investigation; the lack of reasons provided by the employer at the time of dismissal; the two months’ delay by the defendant in providing the plaintiff with his record of employment; delay in paying ESA sum; |
$50,000 | |
| Pepin v. Telecommunications Workers Union
B.C.S.C. May 2016 |
Employer’s ‘take it or leave it’ demand that she defer any wage increase to 2016 was strategically chosen to frustrate the Contract and the plaintiff.
Employer conduct of negotiations with the plaintiff was characterized by delay, by a lack of good faith and with little sensitivity for her and warrants an award of punitive damages. |
$25,000 | |
| Karmel v Calgary Jewish Academy
Alb QB Nov 2015 |
Employer was unreasonable in recommending the termination; it also acted in bad faith for much of the time leading up to the termination.
The tight-knit nature of the Calgary Jewish community meant that the issues faced by Mr. Karmel in his role as Principal of the CJA were especially significant. While some professionals distinguish between their work and personal lives, Mr. Karmel’s were one in the same. His future at the CJA was therefore bound up with his role and reputation in his community. |
$200,000 | |
| Lau v RBC
B.C.S.C. Sept 2015;
|
The company conducted a flawed investigation as it did not interview the complaining customer. It also failed to retain the relevant video tape and other evidence and hence prevented the plaintiff from making a proper response to the allegations made against him.
Plff was never given the client’s statement, bank records and the confession obtained from a colleague. From the outset the court found that the Bank believed the client and that Lau was a liar. This decision on the aggravated damages question was set aside by the B.C. Court of Appeal which, while agreeing medical evidence is not a mandatory prerequisite, nonetheless saw no evidence to support this award. |
($30,000) | |
| 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 dismissalaction was undefended |
|||
| Bhasin v Hrynew
SCC |
October 2014 | $50,000 | |
| Boucher v Wal-Mart
OCA May 2014 |
Unfair investigation
Jury at trial had ordered $1 million in punitive damages which was reduced on appeal to $100,000, against Wal-Mart. It also awarded damages of $250,000 against the manager, Pinnock, made up of $100,000 for intentional infliction of mental suffering, and $150,000 in punitive damages (awards for which Wal-Mart is vicariously liable as Pinnock's employer). The punitive award against the manager was reduced on appeal to $10,000. Pinnock's conduct was flagrant and outrageous. He belittled, humiliated and demeaned Boucher continuously and unrelentingly, often in front of co-workers, for nearly six months. The tort award remained in place.
|
$200,000 plus $100,000 for tort of intentional infliction of mental suffering against the manager | $100,000 against employer and $10,000 against manager |
| City of Calgary v CUPE
Alberta arbitrator December 2013 |
Unfair investigation which enhanced plff’s suffering due to lack of action;
Arbitrator was allowed to use common law, human rights and arbitral remedies on consent of the parties |
$125,000 | |
| Pate v Galway
OCA November 2013 |
Unfair investigation; employer hid exculpatory documents; criminal charges; small town; severe personal suffering. | $75,000 | $450,000 |
| Higginson v Babine Forest Products
BC SC 2012 Not reported Jury trial |
Plff employed for 34 years;
Plff showed that the company management had deliberately attempted to create an unpleasant work environment at the sawmill in the hope that he would decide to leave on his own. When he didn't quit the company created false grounds to dismiss him for cause in order to avoid paying severance. Case was appealed and settled before the hearing.
|
$573,000 | |
| Tl’azt'en First Nation v. Joseph
July 2013 Federal Court review of Unjust Dismissal arbitration under Canada Labour Code
|
The employer made numerous allegations towards the respondent, which it maintained at the hearing before the adjudicator. The adjudicator found that all the allegations were unfounded and that both the respondent’s reputation in his community and his professional standing among government agencies were predictably destroyed when a number of the allegations were widely distributed publicly.
Joseph was humiliated at his workplace when the Executive Director purported to make a workplace rule that no employee of the applicant was allowed to speak with the complainant while he was on medical leave, even on their own personal time away from work. The adjudicator found that the applicant’s conduct was reprehensible, dishonest, malicious, deliberate, despicable, deceitful and in bad faith. The adjudicator properly looked at several dimensions of the case, including the blameworthiness of the applicant’s conduct, the vulnerability of the respondent - for example, that he was on medical leave while the Executive Director continued his “vicious campaign of intimidation” - and the deliberate harm directed specifically at the respondent. |
$85,000 | $100,000 |
| Middleton v. Municipality of Highlands East
2013 The full text is not on Canlii. The link is to the costs decision. April 2013 on costs Decision is referenced in Strudwick.
|
No procedural fairness (being terminated without investigation into the concerns prompting the termination and without being advised of the concerns), was not paid his statutory minimums, was not provided with a letter of recommendation, and had a record of employment stating he did not meet the expectations of his position. He suffered embarrassment, damage to his self-worth and self-esteem, interference with his sleep and strains in his relationships with others. | $30,000 | |
| Vernon v B.C.
B.C.S.C. January 2012
|
Improper selection of investigator as this person had been previously the plaintiff’s labour relations advisor and was the person to whom Mrs. Vernon confided previously on other matters and on these issues.
The process was biased as the investigator proceeded to assemble a list of witnesses who she knew would have negative views of the plaintiff; The plaintiff was at this initial meeting given a letter containing eight complaints and asked for her immediate response, without the chance to prepare. Witnesses who supported the plaintiff were accused of lying. Court saw flawed investigation as being not within Wallace time constraints. Other events were at the time of termination.
|
$35,000 | $50,000 |
| Elgert v Home Hardware
Alb CA April 2011
|
Unfair investigation of sexual harassment allegations;
Trial award of $300,000 aggravated reversed on appeal and $200,000 punitive reduced to $75,000. |
$60,000 damages in defamation against personal defendants | $75,000 |
| Zesta v Cloutier re counterclaim of Durante
OSC 2010; supp reasons Rev’d in part on unrelated grounds October 2014 |
Durante was subjected to a series of intimidating interrogations by Bernard Eastman, employer counsel, who on several occasions essentially threatened Durante's livelihood.
Durante was dismissed for telling the truth or, to put in another way, for choosing the wrong side in a vicious dispute rooted in family issues. No severance (not even his Employment Standards Act minimums) and his benefits were immediately discontinued. Zesat pursued an extended, cavalier and single-minded approach in fighting Durante's employment insurance application for two years, and then failed to attend the ultimate hearing. Zesta commenced a companion action for fraudulent conveyance against Durante and his wife, many years after having knowledge of the conveyance, and maintained it despite the reconveyance to Durante of his interest in the matrimonial home. This was a source of additional stress, worry and expense for both him and his wife. This was done, notwithstanding Durante had been a highly loyal career employee with an otherwise unblemished work record, who had been treated and considered as an extended family member, while fully aware of the significant impact such conduct would have on Durante and his family.
|
$75,000 | |
| MacDonald-Ross v. Connect North America
NB QB July 2010 |
Employer concocted cause after-the-fact based on unfounded allegations of misappropriation of funds and knowingly communicating these unfounded allegations to the police is reprehensible and egregious. | $50,000 | |
| Review of arbitrator’s award upheld
Pagliaroli v. Rite-Pak Produce OSC June 2010 |
Allegations of ‘dishonest activities’ at company Christmas party and on other occasions
“Mr. Pagliaroli, his wife and son each testified as to Mr. Pagliaroli’s manner, demeanor and attitude following November, 2007. No medical evidence was adduced…I am satisfied on the evidence…that Mr. Pagliaroli suffered by reason of the speech in a manner beyond that caused merely by the constructive dismissal.” [ |
$25,000 | |
| Chapell v Canadian Pacific
Alb QB 2010 |
The Court found that the dismissal went beyond just ‘normal hurt feelings’ and it was unduly insensitive and unfair. The employer had a security officer stationed outside the door and others were able to observe him being escorted out.
|
$20,000 | |
| Piresferreira v. Ayotte trial and on appeal, leave to appeal dismissed | At trial plff recovered on the tort of negligent infliction of mental distress, assault and battery and constructive dismissal.
Trial judge offset aggravated award from the composite tort awards, each being $45,000. Trial awarded $450,000 as past and future loss income award. |
OCA allowed $45,000 as aggravated and $15,000 for assault and set aside lost income award; tort claims were denied. | |
| Simmons v Webb
OSC 2008 |
The Plaintiff was dismissed by simply being handed a letter informing him of the dismissal and telling him to pack his things, and the employer refused to return a personal item which had sentimental value to the Plaintiff.
|
$20,000 | |
| Honda v Keays
SCC |
June 2008 | ||
| Amaral (Litigation guardian of) v. Canadian Musical Reproduction Rights Agency Ltd
OSC July 2007 |
Tort claim was not proven.
The plaintiff employee had suffered severe depression after being dismissed. She was suicidal, engaged in self-mutilation and would likely not return to work. Provisional damage award was provided |
($150,000) intentional infliction | |
| Downham v County of Lennox and Addington,
OSC Dec 2005 |
Biased, shoddy investigation;
Employer intended to cause not only mental distress but social and economic damage. Para 239 By generating a substantially false investigation report which was circulated to senior staff and politicians in a small community and by the grossly exaggerated content of the letter of dismissal, the County created a stigma which prevented Mr. Downham from in finding alternate employment. The County must be responsible for this longer period of unemployment and not just the period of notice justified by the Bardal factors. |
$50,000 plus tort of intentional infliction of mental suffering of $20,000 and 5 months incremental notice;
Defamation $1,000 |
$100,000 |
| Prinzo v. Baycrest Centre
OCA July 2002 Trial March 2000
|
OCA found punitive damages served no rational purpose in view of the tort award of $15,000, plus trial judge gave no reasons for this award;
Trial judge awarded 18 months to 17 year managerial employee. There was no suggestion that this was a Wallace extension |
$15,000 for the intentional infliction of emotional suffering | $5,000 set aside on appeal |
| Youkhanna v. Spinal’s Steel Workers Co
OSC 2001 |
Denial of short term disability benefits without adequate evidence;
Aggravated and punitive damage claims were withdrawn at trial; |
Notice period increased from 2 to 3 months | |
| Strong v Kisbee Estate
OCA August 2000 |
Claim of sexual assault due to rape set by Court of Appeal;
Trial judge had found a limitation issue and made no provisional assessment. |
$100,000 damages not defined as aggravated | |
| Wallace v United Grain Growers
SCC |
October 1997 | ||
| Deidal v Tod Mountain
B.C.S.C. 1995; Upheld in B.C. Court of Appeal 1997 |
Employee terminated in the context of false allegations of dishonesty which would impact employment elsewhere due to other employers having misgivings about his or her character.
The trial judge had allowed for a 15 month notice period of $60,000; damages for slander of $50,000; aggravated damages of $25,000; The award totaled $135,000. An alternative award was made of 33 months notice in the same amount. The two decisions of the majority were each concurring reasons. The total trial award was upheld. There was no pleading made of defamation. Braidwood J.A.’s reasons came to the same total of $135,000, which is hard to decipher in the reasons.
|
$50,000 for the increased difficulty in finding new employment and $25,000 for mental distress, both recoverable as aggravated damages (Finch, J.A.)
Braidwood, J.A. allowed for 27 months plus a further 6 months for total award of $135,000; |