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Difference between revisions of "BC Human Rights Code (6:III)"
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BC Human Rights Code (6:III) (view source)
Revision as of 22:16, 20 December 2022
, 22:16, 20 December 2022→F. Remedies
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Remember, to claim any type of damage, the complainant must lead evidence. If the complainant fails to lead evidence as to the effect the discrimination had on their emotional state and dignity, the Tribunal may not award any damages. If the respondent is able to prove that the complainant has failed to mitigate their losses, a complainant may not be entitled to wage loss compensation. | Remember, to claim any type of damage, the complainant must lead evidence. If the complainant fails to lead evidence as to the effect the discrimination had on their emotional state and dignity, the Tribunal may not award any damages. If the respondent is able to prove that the complainant has failed to mitigate their losses, a complainant may not be entitled to wage loss compensation. | ||
The Tribunal may not award damages for lost wages/salary following a discriminatory dismissal during a period for which the claimant was medically incapable of working. Please refer to ''[https://www.canlii.org/en/bc/bchrt/doc/2008/2008bchrt376/2008bchrt376.html Senyk v WFG Agency Network (No 2)]'', 2008 BCHRT 376 at para 434. This is because, even absent the discrimination, the claimant would not have been able to earn wages or a salary. | The Tribunal may not award damages for lost wages/salary following a discriminatory dismissal during a period for which the claimant was medically incapable of working. Please refer to ''[https://www.canlii.org/en/bc/bchrt/doc/2008/2008bchrt376/2008bchrt376.html Senyk v WFG Agency Network (No 2)]'', 2008 BCHRT 376 at para 434. This is because, even absent the discrimination, the claimant would not have been able to earn wages or a salary. (See ''[https://www.canlii.org/en/bc/bchrt/doc/2018/2018bchrt238/2018bchrt238.html Eva obo others v Spruce Hill Resort and another]'', 2018 BCHRT 238 at para 214). | ||
There is no maximum limit on damage awards. Note, however that if a claimant seeks a remedy at both the Human Rights Tribunal (e.g. for lost wages) and in civil court (e.g. for severance pay), and is successful with both proceedings, they must forfeit one of the awards, as they are not entitled to double recovery. There are several cases where the award for loss of wages was in the range of $300,000. See ''[https://www.canlii.org/en/bc/bcca/doc/2016/2016bcca271/2016bcca271.html Kelly]'' and ''[https://www.canlii.org/en/bc/bchrt/doc/2009/2009bchrt196/2009bchrt196.html Kerr]''. | There is no maximum limit on damage awards. Note, however that if a claimant seeks a remedy at both the Human Rights Tribunal (e.g. for lost wages) and in civil court (e.g. for severance pay), and is successful with both proceedings, they must forfeit one of the awards, as they are not entitled to double recovery. There are several cases where the award for loss of wages was in the range of $300,000. See ''[https://www.canlii.org/en/bc/bcca/doc/2016/2016bcca271/2016bcca271.html Kelly]'' and ''[https://www.canlii.org/en/bc/bchrt/doc/2009/2009bchrt196/2009bchrt196.html Kerr]''. | ||
