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ARTICLE · 24 FEBRUARY 2014

Human Rights Damages On The Rise?

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In the Report of the Ontario Human Rights Review 2012, Andrew Pinto recommended that the Human Rights Tribunal of Ontario "reconsider its current approach to general damages awards in cases where discrimination is proven."

CanadaGovernment, Public Sector
Nina Butz
Nina Butz
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In the Report of the Ontario Human Rights Review 2012, Andrew Pinto recommended that the Human Rights Tribunal of Ontario "reconsider its current approach to general damages awards in cases where discrimination is proven. The monetary range of these awards should be significantly increased."

Prior to legislative amendments in 2006, damages awards for mental anguish at the Tribunal were capped at $10,000. Under the current provisions, the Tribunal may make any order for compensation, including compensation for injury to dignity, feelings and self-respect. Pinto acknowledges that most observers believe that monetary damages would increase as a result. But his report found that damages remained in the $500-$15,000 range, with exceptional awards ranging from $25,000-$40,000.

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