The conduct was limited to offensive language, yet insensitive and demeaning and persistent, made to a vulnerable young woman in need of employment, without physical contact.
Verbally offensive conduct, without affirmative evidence, medical or otherwise of the impact upon her, a disparity in age between the victim and the offender, yet causing the termination of the complainant’s employment, in part, due to her refusals.
The respondent forced his way into the applicant’s hotel room. He grabbed her throat and kissed her aggressively, forcing his tongue into her mouth. She said that he then grabbed her breasts and tried to get his hands into her vagina. She kneed him in the thigh but he repeated his conduct.
Respondent pushed MP onto his bed, put his hands under her clothing, touched her breasts, put his fingers into her vagina, and put her hand on his penis. Loss of employment a factor in assessing damages as applicant refused to continue in employment.
A young Filipino mother who was hired as a housekeeper and required to perform sexual acts “at the whim” of her employer.
$50,000
General Considerations
2016 BC CA approves of award of $75,000.
The high side award, in 2016, was set at $75,000 made in a case based on adverse treatment due to a mental disability. Kelly v. University of British Columbia, set aside on a judicial review application as “patently unreasonable” on first review, yet later restored by the Court of Appeal.
The conduct was limited to offensive language, yet insensitive and demeaning and persistent, made to a vulnerable young woman in need of employment, without physical contact.
Verbally offensive conduct, without affirmative evidence, medical or otherwise of the impact upon her, a disparity in age between the victim and the offender, yet causing the termination of the complainant’s employment, in part, due to her refusals.
The respondent forced his way into the applicant’s hotel room. He grabbed her throat and kissed her aggressively, forcing his tongue into her mouth. She said that he then grabbed her breasts and tried to get his hands into her vagina. She kneed him in the thigh but he repeated his conduct.
Respondent pushed MP onto his bed, put his hands under her clothing, touched her breasts, put his fingers into her vagina, and put her hand on his penis. Loss of employment a factor in assessing damages as applicant refused to continue in employment.
A young Filipino mother who was hired as a housekeeper and required to perform sexual acts “at the whim” of her employer.
$50,000
General Considerations
2016 BC CA approves of award of $75,000.
The high side award, in 2016, was set at $75,000 made in a case based on adverse treatment due to a mental disability. Kelly v. University of British Columbia, set aside on a judicial review application as “patently unreasonable” on first review, yet later restored by the Court of Appeal.
The complainant, living at a job site in northwestern Alberta, exited the shower and noticed a male camp maintenance worker watching her. A few days later, the same man was standing beside her bed when she awoke.
The applicant was subjected to abusive behaviour of shoulder rubbing, being blown a kiss and retaliatory conduct of a dismissal letter and false accusations contained within it
$4,500
General Considerations
The rough maximum of Alberta awards was considered $10,000 until the award of $25,000 upheld by the Alberta Court of Appeal Walsh v Mobil Oil. There was also a reprisal sum awarded in this case of $10,000.
Saskatchewan
Case
Year
Summary
Award
General Commentary
The legislators of Saskatchewan have placed a limit on the sum which may be awarded for compensatory damages for a sexual harassment case, in fact any human rights violation, as $20,000. This includes any award for punitive damages. A person subjected to the most brutal forms of sexual abuse in a workplace environment will see such a maximum recovery.
Saskatchewan Board of Inquiry, Ratzlaff v. Dimas (1986), 7 C.H.R.R. D/3402
B of I 1986
A 19 year old woman, economically vulnerable, subjected to persistent physical and verbal harassment, suffering from severe injury to self-esteem.
A complainant who was the subject of one aggressive act of a physical nature, at age 21 or 22, highly physically and economically vulnerable, and subjected to verbal abuse on the same day, showing impact on her self-esteem, without “significant physiological impact”.
The applicant was subject to physical contact by the owner of the business which caused severe emotional harm, including “anxiety, depression, flashbacks and panic attacks which continued for several years”.
$15,000 for general damages and $5,000 punitive damages. The Manitoba Code allows for punitive damages of up to $5,000 against an individual and up to $25,000 against a corporation. This order was made against the owner personally. The panel noted the Ontario law which suggested a range of $12,000 to $50,000 and stated that awards in other provinces have been higher than that of Manitoba. Nothing was done to correct that. The facts in this case were said to support an award in the high end of the range.
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