UPDATE

LEGAL UPDATES

On December 20, 2006, the British Columbia Court of Appeal handed down its decision in Sulz v. Canada (Attorney General) [2006] B.C.J. No. 21 upholding the Supreme Court’s award of $950,000.00 for total damages due to the psychological harm suffered from such severe harassment that her doctors doubted that she would ever work again.

On December 12, 2006, Ontario’s Human Rights Code became consistent with those of the provinces Alberta, Manitoba, Quebec and PEI in that no employer will be allowed to rely on a mandatory retirement policy to justify ending the employment relationship, unless the employer has the ability to prove that it has a bona fide reason. While age has always been a prohibited enumerated ground under both the Ontario Human Rights Code and the Canadian Human Rights Act enabling employees to complain on the basis of age, with the end of mandatory retirement policies and older workers having the opportunity to work past the age of 65, the potential for age discrimination complaints is far greater.

On December 7, 2006, Bill 107, the Human Rights Code Amendment Act, 2006 came into effect, which will introduce sweeping changes to human rights claims and civil actions for wrongful dismissal. The most critical change will be the ability of courts to award both monetary and non-monetary damages. More civil actions will undoubtedly include human rights claims, and the damages will likely be much more significant than ever before.

On September 29, 2006, the Ontario Court of Appeal released its decision in Keayes v. Honda (2006), 52 C.C.E.L. (3d) reducing the quantum of punitive damages from $500,000.00 to $100,000.00 for violation of the employer’s duty to accommodate the employee pursuant to the Human Rights Code.

On December 5, 2005, the Ontario Superior Court of Justice released its decision in Downham v. Lennox and Addington (County) [2005] O.J. No. 5227 awarding damages for wrongful actions of the employer resulting in extreme humiliation, embarrassment and loss of enjoyment of social activities in the amount of $50,000.00, damages for intentional infliction of mental distress in the amount of $20,000.00, and punitive damages in the amount of $100,000.00.