Workplace Sexual Harassment

Summary of Civil Awards

 

Case

Date Order

Details Aggravated

Other Claims

Punitive
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

$35,000 Human Rights award

$20,000 defamation

$60,000
 
Colistro v. Tbaytel; upheld by OCA March 2019; leave to appeal dismissed

 

Employer chose to proceed with the hiring of an individual whom it knew had previously sexually harassed the plff. This was a blatant disregard for her interests. $100,000
Zando v Ali

August 2018

Trial

April 2017

Physician raped by colleague $175,000 for assault $25,000
Doyle v Zochem

OCA

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 plus $20,000 as human rights compensatory award
K.T. v Vranich

OSC 2011

Sexual assault,
intentional infliction of mental suffering; breach of fiduciary duty; Occupier's Liability Act;
Breach of obligation of good faith and fair dealing at the time of dismissalaction was undefended 
General and aggravated damages $125,000 $125,000
City of Calgary v CUPE

Alberta arbitrator

December 2013

Sexual Harassment;

Unfair investigation which enhanced plff’s suffering due to lack of action;

Arbitrator was allowed to use common law, human rights and arbitral remedies on consent of the parties

$125,000
MB v Deluxe Windows

OCA

March 2012

Leave denied

Sexual assault;

Serious psychological injuries

$300,000 assault

$25,000

Corfield v Shaw

BC SC

Oct 20111

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
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 damages not defined as aggravated