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56 M A Y 2 0 1 5 w w w . C A N A D I A N L a w y e r m a g . c o m employment as hairdressers. In J.D. v. Ultimate Cut Unisex the tribunal awarded the three individuals damages ranging from $25,000 to $40,000 for injury to dig- nity, feelings, and self-respect, as well as amounts for lost wages. "There's no doubt the range of gen- eral damages exceed the $10,000 cap that was in the legislation prior to 2008, but that was focused on mental anguish only. There was no cap on general dam- ages before," she says. "Today they look at the offensiveness of the conduct and how it impacted the individual." J.D. v. Ultimate Cut Unisex stated: "historically, sexual harassment under human rights statutes has tended to attract a comparatively higher quantum of damages than simple discrimina- tion. . . . This can be rationalized by the vulnerability of victims, the heightened personal impact and the more severe dignity interests implicated." Ellen Low, of Whitten & Lublin Employment Lawyers, says she's not sure there's been a marked increase "for gen- eral damages, for things like injury to self respect and dignity." In terms of general damages, Low points to two cases that gar- nered a lot of interest in the last few years due to the extraordinary general damages awards: $125,000 in The City of Calgary IT'S NOT THE CASE THAT THE TRIBUNAL IS ALWAYS LOOKING AT THE TOP RANGE, THEY REALLY TRY TO HAVE SOME DEGREE OF EXPLANATION FOR EITHER PUTTING SOMETHING AT THE TOP, THE MIDDLE, OR BOTTOM OF THE RANGE. ANNE POSNO, Lenczner Slaght Royce Smith Griffi n LLP L E G A L R E P O RT \ L A B O U R & E M P L O Y M E N T Order # 804218-65203 $426 2 volume looseleaf supplemented book Anticipated upkeep cost – $319 per supplement 4-6 supplements per year Supplements invoiced separately 0-88804-218-3 Shipping and handling are extra. Price(s) subject to change without notice and subject to applicable taxes. 00227VI-A48890 Canadian Employment Law Stacey Reginald Ball More than 6,145 cases cited Canadian Employment Law is a one-stop reference that provides a thorough survey of the law and analysis of developing trends, suggesting potential avenues of attack as well as identifying potential weaknesses in the law. Canadian Employment Law has been cited by the Supreme Court of Canada, in superior courts in every province in Canada, and is used in law schools throughout Canada. CANADA LAW BOOK ® Available risk-free for 30 days Order online: www.carswell.com Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 Also available online on WestlawNext® Canada EmploymentSource™ 82 Scollard Street, Toronto, Canada, M5R 1G2 Contact Stacey Ball at (416) 921-7997 ext. 225 or srball@82scollard.com web: www.staceyball.com Ball Professional Corporation Excellence in Employment & Labour Law • Counsel in Leading Cases • • Author of Leading Treatise • Wrongful Dismissal Employment Law Human Rights Post Employment Competition Civil Litigation Appellate Advocacy Disability Referrals on behalf of employees and employers respected Ball_CL_Mar_12.indd 1 12-03-13 2:27 PM ARE YOU RECEIVING CANADIAN LEGAL NEWSWIRE? Keep abreast of essential late-breaking legal news and developments with our electronic newswire. VISIT OUR WEBSITE WWW.CANADIANLAWYERMAG.COM AND LOOK UNDER "LINKS" SIGN UP FOR FREE From the publisher of and