March 23, 2021
J Tort & Fiduciary Duty
| Case | Court Year | Summary | Award |
| Clark v Canada. | FC TD 1994 | Intentional Infliction of mental suffering; Sexual abuse and poisoned work environment; Sexually abusive language. Males watched pornographic movies in office next to her. | $5,000; $88,000 for lost earnings. |
| Boothman v Canada | FC TD 1993 | Assault Intentional infliction of mental suffering Verbally abusive and threatening language. This was not a case of sexual abuse. | $5,000, loss of future earnings $20,000, punitive damages $10,000 |
| Pawlett v Dominion Pro tection Service | Alta QB 2007 | The personal defendant was found to have shown the plaintiff sexually explicit images, tried to hold her hands, put his hand on her thigh, slap her buttocks. He also grabbed her, tried to kiss her, and forced his hand under her sweater. Action in battery plus vicarious liability. | An award was made of 2 months’ severance which was then increased by a further three months due to the unfair conduct, as the case was pre Keays v Honda. A further order was made for $50,000 in punitive damages and $25,000 for the tort of assault. Vicarious liability was found against the employer. |
| Court of Appeal | Alta CA 2008 | The punitive damage award was reduced on appeal to $5,000. The appeal, however, did not contest the quantum of compensatory damages but rather only liability for this award. There was further argument as to quantum of punitive damages, which were reduced by $45,000 as the Court of Appeal found that the trial judge had unfairly emphasized the conduct of the wrongdoer in assessing the damages in the battery tort claim. End result was $25,000 general damages and $5,000 punitive damages. | |
| Doyle v Zochem | OCA 2017 | Sexual harassment; severe verbally sexually abusive language, terminated as a reprisal. | $25,000 for the Code violation of sexual harassment. The issue on appeal focused on the additional award made of $60,000 for moral damages, which was upheld by the Court of Appeal. Substantial indemnity costs of the appeal as part of the pattern of harassment. |
| Corfield v Shaw | BCSC 2011 | Assault Nine separate sexual assaults | $60,000 inclusive of aggravated damages; past income loss of $22,500. |
| Strong v Kisbee (Estate Trustee). | OCA 2000 | Counterclaim in assault was based on the employee’s allegations that she was raped by the plaintiff. | $100,000 |
| Silvera v Olympia | OSC 2015 | Sexual assault, intentional infliction of mental suffering; breach of fiduciary duty; Occupier’s Liability Act; Breach of obligation of good faith and fair dealing at the time of dismissal | In addition to the human rights damages of $30,000 as above, other sums were awarded in the civil action for aggravated damages of $90,000, $10,000 as punitive damages, $42,750 for future therapy care, $33,900 for future lost income, further aggravated damages of $15,000 due to the manner of dismissal, additional punitive damages of $10,000 and a wrongful dismissal claim of $57,800. The action was undefended. Total award was $289,450 |
| K.T. v Denis Vranich, Elixir and Par adise Lane Developments Hamilton Inc. | OSC 2011 | Breach of fiduciary duty; Victims Bill of Rights Act; Battery; Negligence. Summer student physically assaulted. Defendant confined her, touched her breasts and vagina, laughing while he did so. | $125,000 inclusive of aggravated damages of $25,000. Loss of future earnings of $75,000 and punitive damages of $25,000. The case was undefended. |
| City of Calgary | Arb award 2013 | Sexual harassment; “fondled” on multiple occasions at her desk. The complainant was harassed following her request for an investigation. She suffered acute anxiety and suicidal ideations. The arbitrator was empowered to consider human rights, tort and arbitral remedies. | $125,000. Lost income award of $135,000 plus pension loss of $68,000. Future income loss $500,000. |
| Hudson v Youth Continuum, Phillip Brindle and The Brindle Agency Inc | OSC 2012 | Negligence and vicarious liability. The plaintiff was viciously attacked and raped by a troubled youth under her care. She was required to change her chosen career. | $150,000 inclusive of $50,000 for aggravated damages. $188,000 in past income loss, $300,000 in future income loss. Claim in negligence and vicarious liability. The case was undefended. |
| Zando v Ali | OCA 2018 | sexual assault, unwanted sexual intercourse | $175,000 and $25,000 punitive damages, as awarded at trial upheld on appeal. $325,000 in costs awarded, the scale of which is not apparent in the reasons. |
| M.B. v Deluxe Windows and Mickey Weig | OCA 2012 | Assault and Battery. The plaintiff suffered from depression, anxiety, fatigue, lost sexual desire and was suicidal due to the conduct in question. Experts from both sides confirmed that the plaintiff suffered from post- traumatic stress disorder and major depressive disorder. | $300,000 and aggravated damages of $25,000. |
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