Family & Marital Status Chart

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Human Rights: Damage Awards Chart: Family & Marital Status

CaseTribunalFacts SummaryCompensatory and Lost Income Awards
Year
Canada
Cane v. Jaytex of Canada Limited, 2024 HRTO 1705HRTO November 2024Pregnancy/family status case. Director of Merchandising terminated on Dec 16, 2019 shortly before broader Feb 2020 layoffs. Employer had procedurally accommodated a 9:00 a.m. start for daycare, but internal emails showed bias toward recent mothers; sex (pregnancy) and family status were factors in selecting her for early termination.$15,000; Lost wages $4,846; Special damages $4,460 (non‑refundable daycare deposit)
Johnstone v Canada Border Service Agency.FCAFailure to offer procedural and substantive accommodation$15,000 plus $20,000 due to wilful and reckless conduct[1]
2014



Seeley v CNRFCAChild care issue – move from Jaspar to Vancouver$15,000 plus $20,000 due to wilful and reckless conduct plus reinstatement and 2.5 years lost pay less 30% reduction due to mitigation issue, plus affirmative order
2014

Hicks v Human Resources and Skills Development Canada, upheld by Federal Court of CanadaFCA 2015Moving costs policy unfairly applied.$15,000 plus $20,000 due to wilful and reckless conduct

Ontario
Callagahan v Ryans Quality Pet FoodsOHRTDenial of a promotion due to child care issues$1,500
2012

MacDonald v Mid-Huron RoofingOHRTRequirement to take no more than 20 minutes for personal issues$20,000
20092 months lost income

Miraka v. A.C.D. Wholesale Meats LtdOHRTNeed to care for children due to spouse’s illness$10,000
2016

Partridge v Botony DentalOSC civil actionChild care issues, refusal to reinstate following maternity leave$20,000
2015

Bray v Canadian College of Massage and HydrotherapyOSCAdverse treatment due to status as new mother$20,000 plus $5,000 punitive damages
2015
Civil action

Vaid v Freeman FormalwearOHRTQuestions in the interview process$3,000
2009

Callaghan v 1059711 Ontario Inc.OHRTQuestions in the interview process$1,500
2012

Kartuzova v HMA PharmacyOHRTQuestions in the interview process relating to family and marital status$4,000 plus $500 lost wages
2012

Alberta
SMS v CEP UnionArbitrator award upheld on reviewChild care issues and rotational shift workOrdered to allow regular day shifts
2015

Clark v Bow Valley CollegeAHRCIssue of the availability of child care following pregnancy leave$15,000 and lost income award of 4 months (mitigation issues)
2014

New Brunswick
Tracey v Melanson’s; affirmed with respect to liability and damage awardNB QBMarital status$2,000
[1] As allowed by the Canadian Human Rights Act. The same statute caps compensatory damages at $20,000.