The leading case on this subject, a federal decision, allowed for $15,000 compensatory damages and an additional $20,000 for “special damages” the maximum allowed by the federal statute.[1]
The failure to accommodate child care issues was again seen as a breach of the duty to accommodate resulting in an award of $15,000,[2] the denial of a promotion[3] due to child care responsibilities saw damages assessed at $1,500, the employer’s refusal to accommodate the family needs of the applicant to care for his mother’s son, who was ill due to a difficult pregnancy and their prematurely born infant led to an award of $20,000.[4]
The failure to allow an employee to care for an elderly parent who was in need of medical treatment[5] allowed for compensatory damages of $15,000.
A termination of employment due in part to the applicant’s need to care for his children due to spouse’s illness was contrary to this obligation[6] resulted in a damage claim of $10,000.
An award of $20,000 was made due to the finding that the employer failed to accommodate the plaintiff’s child care needs to adapt to the newly imposed work schedule following a return from maternity leave and the employer’s adverse treatment by refusing to reinstate the plaintiff to the position of office manager on her return to work.[7]
$4,000 was awarded to a woman who was asked questions as to her family and marital status and “how she came to Canada”.[8]
[1] Johnstone v Canada Border Services An appeal was made of the special damage sum only which was upheld in the Federal Court of Appeal Johnstone v Canada Border Service Agency.
[2] Clark v Bow Valley College
[3] Callagahan v Ryans Quality Pet Foods
[4] MacDonald v Mid-Huron Roofing
[5] Ontario Human Rights Tribunal in Devaney v ZRV
[6] Miraka v. A.C.D. Wholesale Meats Ltd
[7] Partridge v Botony Dental This was an Ontario civil action enforcing a Code remedy. $20,000 compensatory damages was awarded. Ontario Court of Appeal