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Lost Income Claim Human Rights | The Law of Workplace Sexual Harassment in Canada
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Lost Income Claim Human Rights

Lost Income – Special Damages

The determination of a lost income award under human rights law is much different from the claim made as a wrongful dismissal or breach of contract claim. This may lead to a more dramatic claim for lost income, or a much more modest claim, based on the context. Make Whole Under human rights legislation, the purpose of compensation is defined by the make whole concept. 1 Ontario Court of Appeal  Piazza v Airport Taxicab,  (1985), 7 C.H.R.R. D/3196 (Ont. Bd. Inq.), var’d 24 O.A.C. 8 (Div. Ct.), rev’d 60...

C Lost Income

Origins of the Claim A claim for “special damages” or lost income may arise in many ways. It may come from a direct termination due to a code violation, or due to a “poisoned work environment”, or as a lost opportunity claim when initial employment was declined, or as a general reprisal claim. In the latter case there is no necessity to prove that the substantive claim succeed on its merits.2 Such was the decision in Morgan v Herman Miller (Debane) in which the reprisal claim resulted in...

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