Chart – Past and Future Income Loss

Damages: Past and Future Lost Income Awards

 

CaseDetailsPast LossFuture Loss
Boothman v CanadaAssaultloss of future earnings $20,000
FC Trial 1993Intentional infliction of mental suffering
Verbally abusive and threatening language.

Clark v CanadaSexually harassed by colleagues and supervisor$88,000
FC 1994
Shulz v Attorney-General and upheld on appeal although no issue of liability on appealEmployment case. The claim based on verbally abusive conduct, not sexual harassment.$600,000 future income loss
BC CA 2006Negligent infliction of mental suffering

Amaral (Litigation guardian of) v. Canadian Musical Reproduction Rights Agency LtdTort claim was not proven.($426,000)($651,721 and future care $406,629)
OSC July 2007The plaintiff employee had suffered severe depression after being dismissed. She was suicidal, engaged in self-mutilation and would likely not return to work.

OCA upheld trial decision May 2009Provisional damage award was provided
Piresferreira v. Ayotte trial and on appeal, leave to appeal dismissedTrial decision on income loss set aside by OCA;($284,000)(Award of $200,000 of future income loss)
OCA 2008Abusive conduct of employer

K.T. v VranichSexual assault$75,000 for future medical and therapy expenses and future lost income
OSC 2011Case was undefended

Hudson v Youth ContinuumSexual assault$300,000 future income loss
OSC 2012Case was undefended

City of Calgary v CUPESexual harassment$200,000 $512,000 less discounts of 10% and 2.5%
2013

Silvera v Olympia$42,750 for future therapy care, $33,900 for future lost income.
OSC 2015
Sexual assault;
Case was undefended

C.D. v Mostowy[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$284,400 $540,000
B.C. S.C.
Oct-21

 

 

 


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