| Case | Details | Past Loss | Future Loss | ||||
| Boothman v Canada
FC Trial 1993
|
Assault
Intentional infliction of mental suffering Verbally abusive and threatening language. |
loss of future earnings $20,000 | |||||
| Clark v Canada
FC 1994 |
Sexually harassed by colleagues and supervisor | $88,000 | |||||
| Shulz v Attorney-General and upheld on appeal although no issue of liability on appeal
BC CA 2006 |
Employment case. The claim based on verbally abusive conduct, not sexual harassment. Employer was held to be vicariously liable for the conduct of its employee.
Negligent infliction of mental suffering |
$225,000 | $600,000 future income loss | ||||
| Amaral (Litigation guardian of) v. Canadian Musical Reproduction Rights Agency Ltd
OSC July 2007 OCA upheld trial decision May 2009 |
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 |
($426,000) | ($651,721 and future care $406,629) | ||||
| Piresferreira v. Ayotte trial and on appeal, leave to appeal dismissed
OCA 2008 |
Trial decision on income loss set aside by OCA;
Abusive conduct of employer |
($284,000) | (Award of $200,000 of future income loss) | ||||
| K.T. v Vranich
OSC 2011 |
Sexual assault
Case was undefended |
$75,000 for future medical and therapy expenses and future lost income | |||||
| Hudson v Youth Continuum
OSC 2012 |
Sexual assault
Case was undefended |
$300,000 future income loss | |||||
| City of Calgary v CUPE
2013 |
Sexual harassment | $200,000 | $512,000 less discounts of 10% and 2.5% | ||||
| Silvera v Olympia
OSC 2015 |
Sexual assault; Case was undefended |
$42,750 for future therapy care, $33,900 for future lost income. | |||||
| 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 | $284,400 | $540,000 |