Suing for Human Rights Violations: Ontario
In Ontario, presuming that the individual is governed by provincial and not federal law, there is a second manner of seeking a human rights remedy. Ontario amended its legislation on June 30, 2008 to allow civil claims for a breach of a human rights violation when included with another civil claim. Hence a plaintiff suing for wrongful dismissal, or any other relief, may also add a claim, where appropriate, for damages and other relief for a human rights violation.
Prior to June 30, 2008, civil actions alleging human rights violations were used to support an argument of a claim for breach of good faith and fair dealing as was contemplated in Wallace v United Grain Growers, discussed below.
Many cases will show claims for aggravated and/or punitive damages using the same factual basis, an issue which presents consideration given to the synchronization of such damage assertions.
The claims which have gone to trial to date have all involved a claim for damages for the loss of prestige and embarrassment. To date, no cases have considered a claim for reinstatement or arrears in income to the date of trial or a future income loss.
The legislation appears to allow such a claim as reinstatement, as section 46.1 contemplates other than monetary compensation, as it allows for:
- Damages for injury to dignity, feelings and self-respect; and/or
- Restitution other than through monetary compensation for losses arising out of the infringement.
See a review of this legislation and the need for a companion action.
If the concept of reinstatement is allowed, then both past income claim and a future claim, where reinstatement is denied, will follow. A summary in chart format of such awards appears here.