Trends in Human Rights Damages: Courts, Statutory Tribunals and Labour Arbitration
Canadian Labour & Employment Law Journal Vol. 20, No. 2
26 Pages Posted: 10 Apr 2018
Date Written: April 2, 2018
Evaluating human rights damages is one of the most challenging aspects of human rights adjudication. The Ontario Human Rights Code gives decisionmakers jurisdiction to order monetary compensation for injury to dignity, feelings and self-respect. Where discrimination is found, the decision-maker’s task is to quantify a person’s hurt feelings and loss of dignity, intangible losses that do not easily translate into dollars and cents. It can be difficult to understand the impact of discrimination on individuals whose lives may be very different from our own. Yet, as decision-makers, we must not only try to understand the impact, we must also attempt to assign a value to it.
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