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The Availability Of Punitive Damages Arising From The Breach Of Human Rights Legislation.

Publication: Mondaq Business Briefing
Publication Date: 24-JUL-07 		Format: Online
Delivery: Immediate Online Access
Full Article Title: The Availability Of Punitive Damages Arising From The Breach Of Human Rights Legislation.(Bhadauria v. Seneca College of Applied Arts and Technology)(The Ontario Court of Appeal in Keays v. Honda Canada Inc)(Case overview)

Article Excerpt
It has become common for wrongful dismissal litigation to include a tort claim such as intentional infliction of mental suffering, defamation or inducing a breach of contract. Establishing a separate actionable wrong has long been viewed as necessary to maintain a claim for punitive damages, in light of law that has historically restricted the availability of such an award. In addition to the employer, individuals involved in the termination of employment are now frequently named as defendants in wrongful dismissal litigation. The increasingly complex nature of employment related litigation often includes allegations of sexual harassment, discrimination on the basis of disability or other forms of discriminatory conduct. If established, these claims may justify an award of Wallace damages (an extension of the notice period because of an employer's bad faith in connection with the termination of employment), aggravated damages and punitive damages.

Counsel for employers have argued that Bhadauria v. Seneca College of Applied Arts and Technology, [1981] 2 SCR 181 ("Bhadauria"), precludes claims for damages arising from an alleged breach of human rights legislation and that...

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