Workplace Sexual Harassment

Western Canada Summaries – BC

Case Tribunal


Facts Summary Compensatory and Lost Income Awards
Gill v. Grammy’s Place Restaurant & Bakery Ltd., 2001 BCHRT 33 BCHRT


Sexual harassment $10,000
 Harrison v. Nixon Safety Consulting and others (No. 3), BCHRT

Dec 2008

Sexual Harassment. Verbal sexual harassment, including requests for sex and inappropriate touching. $15,000
Ratzlaff v Marpaul Construction BCHRT

Jan 2010

Sexual Harassment. The respondent forced his way into the applicant’s hotel room.  He grabbed her throat and kissed her aggressively, forcing his tongue into her mouth.  She said that he then grabbed her breasts and tried to get his hands into her vagina.  She kneed him in the thigh but he repeated his conduct. $25,000
Soroka v Dave’s Custom Metal BCHRT

Sept 2010

Sexual Harassment. Verbally offensive conduct, without affirmative evidence, medical or otherwise of the impact upon her, a disparity in age between the victim and the offender, yet causing the termination of the complainant’s employment, in part, due to her refusals $5,000
McIntosh v Metro Aluminum Products BCHRT

Feb 2011

Sexual harassment. Conduct was demeaning, provocative and aggressive, yet without any physical component. $12,000 plus $14,500 lost income
MacDonald v. Najafi and another (No. 2) BCHRT

Jan 2013

Sexual Harassment. The conduct was limited to offensive language, yet insensitive and demeaning and persistent, made to a vulnerable young woman in need of employment, without physical contact. $4,000




Sexual Harassment. Treated in a sexually and emotionally abusive manner.

A young Filipino mother who was hired as a housekeeper and required to perform sexual acts "at the whim" of her employer;

Forced to leave employment as a nanny; Retaliation by threats of legal proceedings in Hong Kong.

UBC v Kelly B.C. Court of Appeal BCCA


Mental disability $75,000. The award of the tribunal was set aside upon first review and later restored by the BCCA. There was also a significant lost income award
    UBC v Kelly was then the high side award. Important that Court of Appeal set aside JR review which described the Tribunal award as "patently unreasonable" on first review  
Araniva v RSY BCHRT

May 2019

Sexual Harassment. Verbally sexually abusive, complainant suffered serious consequences, as vulnerable woman $40,000

June 2020

Sexual Harassment. Respondent pushed MP onto his bed, put his hands under her clothing, touched her breasts, put his fingers into her vagina, and put her hand on his penis. Loss of employment a factor in assessing damages as applicant refused to continue in employment. $40,000
LL v DM June 2020 DM’s jealousy over LL’s sexual relationships with other men cannot be extricated from her sex. DM

imposed employment‐related consequences because that was one place where he had power

over LL when his feelings were hurt in their personal relationship.

Retaliation over complaint by sharing pornographic video of complainant;

$15,000 plus $7,500 for retaliation
Francis v BC Ministry of Justice #5 BCHRT

Jan 2021

Permanent mental illness due to adverse conduct of employer due to race;

Highest award made to date.

$176,000 after 20% contingency discount ($220,000 in total prior to discount)
Bayongan v. Shimmura BCHRT

March 2023

Sexual Harassment. Temporary migrant domestic worker. Renewal application was refused by employer. $25,000
Ms. L. v Clear Pacific Holdings BCHRT

Jan 2024

The complainant was employed as the personal executive assistant to Sydney Hayden. She was sexually assaulted, emotionally abused, physically assaulted and abandoned in a foreign country. She suffered from a drug addiction which the responding party used to his advantage. Her wages were also withheld. The respondents did not defend the case. $100,000