w w w . C A N A D I A N L a w y e r m a g . c o m M A Y 2 0 1 5 57
and CUPE, Local 38 and $75,000 in Kelly v. University of British
Columbia. While she has cited them in preparing for mediations
and hearings at the HRTO, more realistically, she says she tends to
look to comments from Morgan v. University of Waterloo, in deter-
mining the range for general damages awards in Ontario, based on
sexual harassment.
Morgan referenced findings of discrimination based on
sexual harassment that attracted a range of compensation for
injury to dignity, feelings, and self-respect. The range goes
from $1,000 to $50,000 in Smith v. Menzies Chrysler.
As Morgan stated: "Awards at the lower end of the range
tend to be in cases where the Tribunal has found fewer inci-
dents of discrimination, the incidents were of a less serious
nature, and/or the incidents did not include physical touch-
ing. In cases on the high end of the range, the Tribunal has
generally found that there were multiple incidents, the inci-
dents involved more serious physical harassment, there was a
poisoned work environment, and/or there was a reprisal or a
loss of employment related to the incidents."
Even though Pinto was recommending an increase in dam-
ages awarded, Posno says the tribunal doesn't appear to be
using it as a justification to go higher. "They seem to focus on
fact-specific and impact-specific to the individuals," she says.
"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."
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