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[Human Rights Summary: British Columbia: Sexual Harassment Plus Key Cases]
Human Rights Summary: British Columbia: Sexual Harassment Plus Key Cases
| descending date order | ||
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| Case | Facts Summary | Compensatory Awards for Emotional Harm |
| Gill v. Grammy’s Place Restaurant & Bakery Ltd., 2001 BCHRT 33 B.C. HRT 2001 | Sexual harassment | $10,000 |
| Senyk v WGN Agency #2 BC HRT 2008 | physical and mental disability | $35,000 |
| Harrison v. Nixon Safety Consulting and others (No. 3), BC HRT December 2008 | Sexual Harassment. Verbal sexual harassment, including requests for sex and inappropriate touching. | $15,000 |
| Ratzlaff v Marpaul Construction BC HRT 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 BC HRt September 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 Bc HRT February 2011 | Sexual harassment. Conduct was demeaning, provocative and aggressive, yet without any physical component. | $12,000 |
| MacDonald v. Najafi and another (No. 2) BC HRT January 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 |
| PN v FR BC HRT 2015 | Sexual Harassment. Treated in a sexually and emotionally abusive manner. | $50,000 |
| 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 BC Court of Appeal 2016 | 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 BC HRT May 2019 | Sexual Harassment. Verbally sexually abusive, complainant suffered serious consequences, as vulnerable woman | $40,000 |
| MP v JS BC HRT January 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 BC HRT January 2020 | 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; | ||
| Ms. K v. Deep Creek Store BC HRT November 2021 | Jokes of a sexualized nature; asked about sexual activity; offered $2,000 for sex; after rejection of this offer, employer raised performance issues and then terminated applicant. After termination, employer trespassed on applicant's residence, a farm in a remote area, on three occasions. | $45,000 |
| Francis v BC Ministry of Justice #5 BC HRT January 2021 | 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) |
| Highest award made to date. |
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| Bayongan v. Shimmura BC HRT March 2023 | Sexual Harassment. Temporary migrant domestic worker. Renewal application was refused by employer. | $25,000 |
| Mema v City of Nanaimo August 2023 | Adverse treatment due to race. Complainant was subjected to public ostracization, with incessant leaks and swirling public chatter consistent with the Misconduct Report. He experienced the indignity of not even learning of his suspension directly from the City at first. He experienced a notable decline in his mental health and feelings of self-worth and has lost not only his employment but his standing in his professional community. | $50,000 |
| Ms. L. v Clear Pacific Holdings BC HRT 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 |
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David Harris — Canadian Employment Law
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