ARTICLE · 10 NOVEMBER 2014

Failure To Mitigate Reduces Damages In Human Rights Claim

Stringer LLP

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In the wake of the Divisional Court’s decision in the Hamilton-Wentworth District School Board v Fair, human rights damages have been a hot topic.

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In the wake of the Divisional Court's decision in the Hamilton-Wentworth District School Board v Fair, human rights damages have been a hot topic. As you may recall, the Human Rights Tribunal of Ontario awarded significant damages in that decision which included an award of back pay for a period of approximately 10 years.

However, similar to wrongful dismissal litigation, applicants in human rights proceedings have a duty to mitigate their damages by showing that they have made reasonable efforts to seek out suitable alternative employment.

In Hamilton-Wentworth District School Board, the Tribunal did not delve into this issue in much depth. However, it noted that the applicant had provided detailed evidence of her diligent attempts to find employment.

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