Damages Injured Feelings: Manitoba

The awards in Manitoba have been traditionally modest. A recent 2019 decision has reversed this trend, one which attracted controversy and indeed propelled amendments to the legislation to set a ceiling on such awards.

The panel in one case noted the Ontario law which suggested a range of $12,000 to $50,000 and stated that awards in other provinces have been higher than that of Manitoba. Nothing was done to correct that until this 2019 award.

The facts in one case decided in 2014 were said to support an award in the high end of the range. ¹ $15,000 was awarded plus a $5,000 punitive award.

Prior awards reflected the panel`s comments. They had indeed been low. The highest previous award was $7,750 ² based on abusive comments and conduct towards a young woman by a customer which the company tolerated. In a further case, the sum of $5,250 had been awarded due to inappropriate sexual jokes and verbal solicitations. ³

In 2016, three complainants each were awarded $20,000 as damages for conduct which was racially inappropriate, and sexual solicitations. This was a noticeable increase in the sums awarded historically. ⁴

All this being said, in 2019, the Human Rights Adjudication Panel awarded the complainant the sum of $75,000 for damages to compensate for injury to dignity and self-respect. The case was based on harassment and the failure of the respondent, ironically, the Manitoba Ministry of Justice, to correct the ongoing harassment suffered due to sexual orientation.

This decision has not been without controversy. In August of 2020, the following case expressed disagreement with the quantum of damages ordered in the Justice case and also the reference made by the decision maker to Ontario cases. Adjudicator Dawson expressed his disenchantment with this award:

 However, I wonder if that is a relevant consideration where the respondent is a provincial government. Accordingly, I return to the principles that informed the award of damages for injury to dignity, feelings, or self-respect in Jedrzejewska v A+ Financial Services Ltd, 2016 MBHR 1 at para. 56-57 and 60. In that complaint, an award of $20,000 was made to each of the complainants who had endured prolonged and vile sexual harassment in the workplace.  In the instant complaint, the discrimination was ongoing over many years. The subject matter was health care, which is critical and important. The complainants had little recourse except to suffer the discriminatory treatment. Taking into account the spectrum of Manitoba awards for injury to dignity, feelings, or self-respect, I award $30,000.00 to Dewey and $12,500.00 to Ms Sumner-Pruden.

The description of the abuse suffered by the complainants in A+Financial as “prolonged and vile sexual harassment” may be questioned.

It was likely in response to the T.M. decision that the province amended the legislation in March of 2020 to place a cap on the damages for injury to dignity, feelings or self-respect in the sum of $25,000.

The punitive sums remain as set previously. There is no cap on lost income claims.

There has been no further review of this issue since the making of this decision.

A summary of the Manitoba cases may be found here.

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1. Emslie v Doholoco
2. Garland v. Tackaberry 
3. Metaser v Jewish Community Campus of Winnipeg Inc, 
4. Jedrzejewska v A+Financial Services