| Case
Date Order |
Details | Aggravated
Other Claims |
Punitive |
| 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 |
| C.D. v Mostowy
B.C. S.C. October 2021
|
[C.D.] was 44 years of age and was employed by Mr. Mostowy from November 23, 2010 to December 9, 2010. Using sexualized conversations, he used massages to gradually expose and touch her breasts, despite her protestations. Eventually, he exposed his penis and began masturbating in front of her and then placed his penis in her hand. He used her breasts to masturbate himself to ejaculation. This was repeated the following day, with a brief period of fellatio. The victim became emotionally upset by this conduct and suffered stress-induced migraine headaches for which she was prescribed a narcotic | Damages for assault $157,500 | |
| Zando v Ali
August 2018 April 2017 |
Physician raped by colleague | $175,000 for assault | $25,000 |
| MB v Deluxe Windows
OCA March 2012 |
Sexual assault;
Serious psychological injuries |
$300,000 assault
$25,000 |
|
| Corfield v Shaw
BC SC Oct 2011 |
Plff was sexually assaulted nine times;
Damages for assault and future income loss and publicity of wrongdoing were sufficient to deny punitive damages;\ Presumed lack of financial resources |
$60,000 assault and future income loss $22,500 | nil |
| 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. | |
| 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 assault damages not defined as aggravated | |