Human Rights Tribunal Application: How Much To Ask Forteam
It is not easy to put a price on the pain caused by discrimination and harassment, especially when drafting a Human Rights Tribunal application. One of the remedies ordered by the Ontario Human Rights Tribunal is monetary compensation. When you bring a case before the Ontario Human Rights Tribunal, you will be required to assess the amount of monetary compensation you would like to be awarded as a remedy if you are successful.
There are two types of monetary compensation that you can request from the Human Rights Tribunal of Ontario:
Human Rights Tribunal Application: Compensation For General Damages
The first type is compensation for the loss or infringement of your right to be free from harassment and discrimination under the Ontario Human Rights Code, also called “general damages.” When determining whether this compensation should be awarded, the tribunal looks at whether there was an insult to the individual’s dignity, feelings and self-respect, humiliation, and loss of self-esteem.
No set amount can be awarded for general damages by the Ontario Human Rights Tribunal can award no set amount for general damages. Each case will vary because each case is unique. Damages awarded will be based on each party’s evidence presented and legal arguments. Your human rights lawyer will assess your case and determine the amount to request for in the Human Rights Tribunal application on facts and case law.
Compensation For Special Damages And Lost Wages
The second type is compensation that can be filed under the Human Rights Tribunal application is for expenses or losses incurred due to the infringement of your human rights, also known as “special damages.” For example, suppose you lost income because your termination was based on discriminatory reasons that infringe the Ontario Human Rights Code. In that case, you can claim the loss of income as a part of your special damages claim.
Another example is out-of-pocket expenses for relocating due to discrimination or harassment. You would have to produce evidence of these expenses to your human rights lawyer so that they can assess the exact amount to be requested from the Ontario Human Rights Tribunal.
The amount of general damages the Ontario Human Rights Tribunal has awarded in past cases range from $100 (see Kovacs v. Inscan Contractors, 2010 HRTO 810 (CanLII)) to $200,000 (see A.B. v. Joe Singer Shoes Limited, 2018 HRTO 107 (CanLII)). So it is essential to have an experienced human rights lawyer look at the merits of your case and provide you with a good idea of what you may be entitled to before the Human Rights Tribunal application if you are to be successful at the Ontario Human Rights Tribunal.
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Disclaimer: This blog is not intended to serve as or should be construed as legal advice and is only to provide general information. It is in no way particular to your case and should not be relied on in any way. No portion or use of this blog will establish a lawyer-client relationship with the author or any related party. Should you require legal advice for your particular situation, fill out the contact form, call (800) 771-7882 or email [email protected]