Exceptional Damage Awards

Summary Assault Past and Future Income Loss

The law on the principles of this damage award is reviewed here.

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
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

Arbitrator allowed to apply human rights, common law and arbitral jurisprudence $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