For the first time, the Ontario Superior Court of Justice has
awarded human rights related damages in relation to a wrongful
dismissal action. The award was based on the application of s. 46.1
of the Ontario Human Rights Code (the "Code"). Amendments
to the Code in 2008 granted Ontario Courts the ability to order
damages or other forms of relief for human rights infringements
through the operation of s. 46.1 (copied below).
46.1 (1) If, in a civil proceeding in a court,
the court finds that a party to the proceeding has infringed a
right under Part I of another party to the proceeding, the court
may make either of the following orders, or both:
1. An order directing the party who infringed the right to pay
monetary compensation to the party whose right was infringed for
loss arising out of the infringement, including compensation for
injury to dignity, feelings and self-respect.
