General Compensation (T5 Application)

From Riverview Legal Group


Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved: 2024-05-18
CLNP Page ID: 2019
Page Categories: Personal Use Application (LTB)
Citation: General Compensation (T5 Application), CLNP 2019, <https://rvt.link/1f>, retrieved on 2024-05-18
Editor: Sharvey
Last Updated: 2024/01/24


Kara-Bibar v Al-Dulaimi, 2022 CanLII 86555 (ON LTB)[1]

37. The Tenant’s testimony on this point was detailed and consistent and we have no reason to disbelieve him. We are persuaded by the Tenant’s testimony that he and his children experienced significant emotional distress as a result of the Landlord’s actions. Based on the evidence before us, and our knowledge of like similar cases, we find that an award of $2,000.00 is sufficient to recognize the emotional stress the Tenant and his family suffered as a result of the Landlord’s bad faith termination of tenancy. An order will issue accordingly.

Hendry v. Ontario (Liquor Control Board), 1980 CanLII 3901 (ON HRT)[2]

[38] The result is that Ms. Hendry cannot expect to work for the LCBO. Her career expectations, perhaps unrealistic, have nevertheless been thwarted without having the chance that would have been provided by proper consideration of her application. She has suffered emotionally as a result of the failure of LCBO to abide by the Code, and has been insulted as a woman. As the solace available in these circumstances, both to make it clear to Ms. Hendry that her unfair treatment is recognized by this Board and to the LCBO that it must take very seriously the harm done by failure to abide by the Code, I would award Ms. Hendry the additional sum of $8,000 as general compensation. Ms. Hendry should also receive a letter of apology from the LCBO.

[39] The Human Rights Commission has requested the opportunity to assist the LCBO in improving its employment practices so that they comply with the Code. It wishes to help develop a program to rectify the imbalance between men and women employed by the LCBO, and it wishes to monitor the LCBO employment practices for a period of twelve months from the date of this decision. It also requests that the LCBO post Ontario Human Rights Commission declarations of equal employment opportunities, brochures or code cards in prominent places on the premises of the LCBO facilities throughout the Province. These requests are reasonable in the circumstances and should be granted.


[2]

References

[1]

  1. 1.0 1.1 Kara-Bibar v Al-Dulaimi, 2022 CanLII 86555 (ON LTB), <https://canlii.ca/t/js1jj>, retrieved on 2022-10-25
  2. 2.0 2.1 Hendry v. Ontario (Liquor Control Board), 1980 CanLII 3901 (ON HRT), <https://canlii.ca/t/jdcvk>, retrieved on 2024-01-24