Human Rights Tribunal Issues Second Highest Award For Injury To Dignity

Sometimes bad facts make bad law. The BC Human Rights Code ("Code") provides that if the Tribunal finds discrimination under the Code it can order a variety of remedies under section 37 including under section 37(2)(d) (iii) ordering the respondent to:

An order for such damages is particularly worthwhile for a complainant as the award is generally not taxable versus an award for lost wages.

But such awards are very hard to estimate in advance of an actual award. As one judge said in another context it is somewhat like judging "by the length of the Chancellor's foot" . For example under the Code the complainant does not have to prove intent on the part of the Respondent but when intent to discriminate is found then the awards might differ. In one