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​Our lawyer(s) will review your case for free

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Highest amount for moral damages in Canadian employment law is $250,000

Highest amount for punitive damages in Canadian employment law is $500,000
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Highest amount for punitive damages in a Canadian Insurance case is $1 million (Whiten v Pilot Insurance)

Highest whistleblower award from the OSC is $5 million 

Ontario Securities Commission

Please provide as much detail as possible so our team can assess potential damages.

    Employee Information

    Have you suffered at work due to any of the following?
    eg - to deny a person employment because she is French speaking could constitute a violation of the Code on the ground of "ancestry". A tribunal ruled that a teacher was discriminated against because of his accent which is directly related to his ancestry or place of origin.
    You cannot be discriminated against because of your citizenship, except where Canadian citizenship is a legal requirement to get a job or get certain services. For example, since the law requires that you must be a Canadian citizen to vote in a municipal or provincial election, this requirement is not discrimination. There is no discrimination if Canadian citizenship or permanent residency is required to take part in a cultural, educational, union or sporting activity. For example, certain competitive sports require that participants be either Canadian citizens or permanent residents. The Code also allows organizations to require Chief Executive Officers (CEOs) or other senior executives to meet residence requirements.
    Under the Ontario Human Rights Code, discrimination because of religion (creed) is against the law. Everyone should have access to the same opportunities and benefits, and be treated with equal dignity and respect, regardless of their religion. A creed is the essential beliefs of a religion. A religion is bigger. The creed is the religion boiled down to a few core statements.
    People with disabilities are a diverse group, and experience disability, impairment and societal barriers in many different ways. Disabilities are often “invisible” and episodic, with people sometimes experiencing periods of wellness and periods of disability. All people with disabilities have the same rights to equal opportunities under the Code, whether their disabilities are visible or not. “Disability” is to be interpreted broadly and includes past, present and perceived conditions. Example: Women with disabilities experience unique forms of discrimination. They may be singled out as targets for sexual harassment and sexual violence due to a perception that they are more vulnerable and unable to protect themselves.
    The ancestral race that an individual belongs to, as opposed to their current nationality. People derived from of a variety of ethnic origin types currently inhabit a country, and which include white, black, American Indian, Asian, Pacific Islander and Eskimo. Other Egs. Caucasian race , Native American, Jewish People, White People.
    Families in Ontario today are increasingly diverse. Almost one quarter of families with children are now lone-parent families, in most cases headed by women. As divorce has become more common, so have blended and dual-custody families. There has been more recognition of families lead by lesbians, gays, bisexuals and transgendered (LGBT) persons. With Ontario’s growing cultural diversity has come a wider range of definitions of family, often including increased emphasis on extended family networks. The Ontario Human Rights Commission has interpreted the ground of family status as protecting a range of families and familial relationships from discrimination. It protects parents from being discriminated against because they have children; it also protects adult children who experience discrimination because they are caring for their aging parents. It protects non-biological parent and child relationships, such as those formed through adoption, fostering, and step-parenting, as well as lone parent families, and those headed by LGBT persons.
    The Ontario Human Rights Commission has interpreted the ground of family status as protecting a range of families and familial relationships from discrimination. It protects parents from being discriminated against because they have children; it also protects adult children who experience discrimination because they are caring for their aging parents. It protects non-biological parent and child relationships, such as those formed through adoption, fostering, and step-parenting, as well as lone parent families, and those headed by LGBT persons.
    Gender identity is each person’s internal and individual experience of gender. It is their sense of being a woman, a man, both, neither, or anywhere along the gender spectrum. A person’s gender identity may be the same as or different from their birth-assigned sex. Gender identity is fundamentally different from a person’s sexual orientation.
    The Ontario Human Rights Commission has interpreted the ground of family status as protecting a range of families and familial relationships from discrimination. It protects parents from being discriminated against because they have children; it also protects adult children who experience discrimination because they are caring for their aging parents. It protects non-biological parent and child relationships, such as those formed through adoption, fostering, and step-parenting, as well as lone parent families, and those headed by LGBT persons.
    Place of origin – country or region
    Race – common descent or external features such as skin colour, hair texture, facial characteristics
    Record of offences – provincial offences or pardoned federal offences (in employment only)
    A reprisal is an action, or threat, that is intended as retaliation for claiming or enforcing a right under the Code. The following will establish that someone experienced reprisal based on a Code ground: an action was taken against, or a threat was made to, the claimant the alleged action or threat was related to the claimant having claimed, or trying to enforce a Code right, and there was an intention on the part of the respondent to retaliate for the claim or the attempt to enforce the right.[117] Example: The HRTO found that a man with a visual disability experienced reprisal when his employer abruptly terminated his employment in part due to dissatisfaction that the man had pursued his rights under the Code (he had tried to get accommodation for his disability-related needs and had attempted to deal with alleged harassment by the personal respondent), and the employer’s perception that the man was unhappy with accommodations the employer had provided.
    Discrimination because of pregnancy and breastfeeding includes discrimination because a woman: Is trying to get pregnant, was pregnant or states she is intending to have a child Will be taking a maternity leave Has an abortion or experiences complications related to an abortion Has a miscarriage (or stillbirth)or experiences complications related to miscarriage (or stillbirth) Experiences complications related to pregnancy or childbirth Lacks energy due to pregnancy For reasons related to her appearance while pregnant such as looking “too big,” “fat” or being unable to wear a form-fitting uniform. Is recovering from childbirth Is receiving fertility treatments Is breastfeeding.
    Unlike some other forms of sexual harassment, gender-based harassment is not generally motivated by sexual interest or intent. It is more often based on hostility and is often an attempt to make the target feel unwelcome in their environment. In some cases, gender-based harassment may look the same as harassment based on sexual orientation, or homophobic bullying. Examples of sexual and gender-based harassment: demanding hugs invading personal space making unnecessary physical contact, including unwanted touching, etc. using language that puts someone down and/or comments toward women (or men, in some cases), sex-specific derogatory names leering or inappropriate staring making gender-related comments about someone’s physical characteristics or mannerisms making comments or treating someone badly because they don’t conform with sex-role stereotypes showing or sending pornography, sexual pictures or cartoons, sexually explicit graffiti, or other sexual images (including on-line) sexual jokes, including passing around written sexual jokes (for example, by e-mail) rough and vulgar humour or language related to gender using sexual or gender-related comment or conduct to bully someone spreading sexual rumours (including on-line) making suggestive or offensive comments or hints about members of a specific gender making sexual propositions verbally abusing, threatening or taunting someone based on gender bragging about sexual prowess demanding dates or sexual favours making offensive sexual jokes or comments asking questions or talking about sexual activities making an employee dress in a sexualized or gender-specific way acting paternally in a way that someone thinks undermines their self-respect or position of responsibility making threats to penalize or otherwise punish a person who refuses to comply with sexual advances (known as reprisal).
    Sexual harassment is a type of discrimination based on sex. When someone is sexually harassed in the workplace, it can undermine their sense of personal dignity. It can prevent them from earning a living, doing their job effectively, or reaching their full potential. Sexual harassment can also poison the environment for everyone else. If left unchecked, sexual harassment in the workplace has the potential to escalate to violent behaviour. Employers that do not take steps to prevent sexual harassment can face major costs in decreased productivity, low morale, increased absenteeism and health care costs, and potential legal expenses. Under the Ontario Human Rights Code, sexual harassment is “engaging in a course of vexatious comment or conduct that is known or ought to be known to be unwelcome.” In some cases, one incident could be serious enough to be sexual harassment. Some examples of sexual harassment are: asking for sex in exchange for a benefit or a favour repeatedly asking for dates, and not taking “no” for an answer demanding hugs making unnecessary physical contact, including unwanted touching using rude or insulting language or making comments toward women (or men, depending on the circumstances) calling people sex-specific derogatory names making sex-related comments about a person’s physical characteristics or actions saying or doing something because you think a person does not conform to sex-role stereotypes posting or sharing pornography, sexual pictures or cartoons, sexually explicit graffiti, or other sexual images (including online) making sexual jokes bragging about sexual prowess. Example: A disgruntled employee spreads rumours about his female director, stating that she is having an affair with the company president and that she is only successful because she “slept her way to the top.” Whatever her position, portraying a female worker in a sexual way can diminish her status and image in the eyes of other employees. Example: A supervising police sergeant makes sexual advances towards a younger female constable. When she does not return the interest, he over-scrutinizes her work performance, accuses her of incompetence, and addresses her as “Mrs.” instead of “PC” in front of colleagues.
    “Sexual orientation” is a personal characteristic that forms part of who you are. It covers the range of human sexuality from lesbian and gay, to bisexual and heterosexual. Harassment is making demeaning or hurtful comments or actions that are known or should be known to be unwelcome. Some examples are: Homophobic jokes or hints being made about a person's sexual orientation or same-sex relationship. Displaying disrespectful signs, caricatures, cartoons or graffiti. Harassment can happen even if the comments or actions are not specifically about sexual orientation. Example: In a workplace that has a history of homophobic attitudes, the only two “out” gay workers are targeted repeatedly for ridicule and practical jokes. In the past, other gay workers have quit due to similar treatment. Based on the circumstances, the remaining “out” workers could argue that they are being harassed based on their sexual orientation, even though no one has directly referred to the fact they are gay.
    Women and men have the right to be free from sexual and gender-based harassment. Sexual harassment includes unwelcome sexual contact and remarks, leering, inappropriate staring, unwelcome demands for dates, requests for sexual favours, spreading sexual rumours (including on-line) and displays of sexually offensive pictures or graffiti. For example, an employer’s repeated and vulgar sexual comments to an employee could constitute sexual harassment. Sexual solicitation You have the right to be free from unwelcome advances or requests for sexual favours made by a boss, supervisor or other person in a position of authority. Example: A supervisor makes unwanted sexual advances to an employee. In this situation, it may be implied, directly or indirectly, that a promotion is at risk of being denied if the person does not agree to accept the advances. If the supervisor punishes the person because he or she rejected the advance, this is called a “reprisal”. This kind of “getting even” is not allowed under the Code. Example: A female employee is fired or demoted because she refused a “sexual proposition” from her manager.
    This may include: • verbally threatening to attack a worker; • leaving threatening notes at or sending threatening e-mails to a workplace; • shaking a fist in a worker’s face; • wielding a weapon at work; • hitting or trying to hit a worker; • throwing an object at a worker; • sexual violence against a worker; • kicking an object the worker is standing on, such as a ladder; or • trying to run down a worker using a vehicle or equipment such as a forklift.
    You may be eligible for moral damages or even punitive damages, when an employer’s conduct in terminating employment was particularly egregious, insensitive and emotionally damaging.
    PUNITIVE DAMAGES Damages awarded to punish a defendant for their purposely harsh, vindictive or malicious behaviour.
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