The narrative review of the cases below is seen here.
| 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 aggravated on dismissal Human rights violations $50,000 |
$25,000 against personal def |
| 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 aggravated
$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 aggravated;
$60,000 for defamation |
|
| 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 |
|
| Doyle v Zochem
OCA Feb 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 aggravated 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 |
|
| 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 |
| 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 |
| 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 |
| 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. | |
| 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 plff from 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 |
| 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 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; |