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[Human Rights Summary: British Columbia: Sexual Harassment Plus Key Cases]
Human Rights Summary: British Columbia: Sexual Harassment Plus Key Cases
 | British Columbia | ||
| Case | Tribunal/Year | Facts Summary | Compensatory and Lost Income Awards |
| Gill v. Grammy’s Place Restaurant & Bakery Ltd., 2001 BCHRT 33 | BCHRT | Sexual harassment | $10,000 |
| 2001 | |||
| Senyk v WGN Agency #2 | BCHRT Oct 2008 | physical and mental disability | $35,000 |
| Harrison v. Nixon Safety Consulting and others (No. 3), | BCHRT | Sexual Harassment. Verbal sexual harassment, including requests for sex and inappropriate touching. | $15,000 |
| Dec-08 | |||
| Ratzlaff v Marpaul Construction | BCHRT | 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 |
| Jan-10 | |||
| Soroka v Dave’s Custom Metal | BCHRT | 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 |
| Sep-10 | |||
| McIntosh v Metro Aluminum Products | BCHRT | Sexual harassment. Conduct was demeaning, provocative and aggressive, yet without any physical component. | $12,000 plus $14,500 lost income |
| Feb-11 | |||
| MacDonald v. Najafi and another (No. 2) | BCHRT | 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 |
| Jan-13 | |||
| PN v FR | BCHRT | Sexual Harassment. Treated in a sexually and emotionally abusive manner. | $50,000 |
| 2015 | 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 |
| 2016 | |||
| 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 | Sexual Harassment. Verbally sexually abusive, complainant suffered serious consequences, as vulnerable woman | $40,000 |
| May-19 | |||
| MP v JS | BCHRT | 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 |
| Jun-20 | |||
| LL v DM | Jun-20 | DM’s jealousy over LL’s sexual relationships with other men cannot be extricated from her sex. DM | $15,000 plus $7,500 for retaliation |
| 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; | |||
| Francis v BC Ministry of Justice #5 | BCHRT | Permanent mental illness due to adverse conduct of employer due to race; | $176,000 after 20% contingency discount ($220,000 in total prior to discount) |
| Jan-21 | Highest award made to date. | ||
| Bayongan v. Shimmura | BCHRT | Sexual Harassment. Temporary migrant domestic worker. Renewal application was refused by employer. | $25,000 |
| Mar-23 | |||
| Ms. L. v Clear Pacific Holdings | BCHRT | 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 |
| Jan-24 | |||
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David Harris — Canadian Employment Law
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