Chart – Damages – Assault & Battery – Past & Future Income Loss
The law on the principles of this damage award is reviewed here.
| Case | Details | Past Loss | Future Loss | |
|---|---|---|---|---|
| Boothman v Canada | Assault | loss of future earnings $20,000 | ||
| FC Trial 1993 | Intentional infliction of mental suffering | |||
| Verbally abusive and threatening language. | ||||
| Clark v Canada | Sexually harassed by colleagues and supervisor | $88,000 | ||
| FC 1994 | ||||
| Piresferreira v. Ayotte trial and on appeal, leave to appeal dismissed | Trial decision on income loss set aside by OCA; | ($284,000) | (Award of $200,000 of future income loss) | |
| OCA 2008 | Abusive conduct of employer | |||
| K.T. v Vranich | Sexual assault | $75,000 for future medical and therapy expenses and future lost income | ||
| OSC 2011 | Case was undefended | |||
| Hudson v Youth Continuum | Sexual assault | $300,000 future income loss | ||
| OSC 2012 | Case was undefended | |||
| City of Calgary v CUPE | Arbitrator allowed to apply human rights, common law and arbitral jurisprudence | $200,000 | $512,000 less discounts of 10% and 2.5% | |
| 2013 | ||||
| Silvera v Olympia | $42,750 for future therapy care, $33,900 for future lost income. | |||
| OSC 2015 | ||||
| Sexual assault; | ||||
| Case was undefended | ||||
| C.D. v Mostowy | [C.D.] was 44 years of age and was employed by Mr. Mostowy from November 23, 2010 to December 9, 2010. Using sexualized conversations, he used massages to gradually expose and touch her breasts, despite her protestations. Eventually, he exposed his penis and began masturbating in front of her and then placed his penis in her hand. He used her breasts to masturbate himself to ejaculation. This was repeated the following day, with a brief period of fellatio. The victim became emotionally upset by this conduct and suffered stress-induced migraine headaches for which she was prescribed a narcotic | $284,400 | $540,000 | |
| B.C. S.C. | ||||
| Oct-21 | ||||