Bill 107 could increase damage awards

Bill 107, An Act to Amend the Human Rights Code, could increase damage awards, including punitive damages, Martin Smith, associate lawyer with McCague Peacock Borlack McInnis & Lloyd LLP, told ORIMS members at a luncheon seminar.
Bill 107 sets out to create an efficient way to deal with equality complaints, Smith said. But it will also create new challenges for the insurance defence bar and company risk managers.
Such challenges might include:
increased damage awards, including punitive damages;
more complaints under the human rights regime, as well as in the civil court;
increased limitation periods; and
increased deference to Tribunal decisions.
In the area of monetary damages, Martin noted, Bill 107 will introduce the following changes:
provide for unspecified compensation for losses arising out of the infringement of a protected right;
remove the Cdn$10,000 limit on damages for mental anguish;
provide for orders of restitution (other than through monetary compensation);
permit the Tribunal to order a respondent to do anything that the Tribunal believes the respondent ought to do to promote compliance with the act; and
permit the civil courts to order monetary compensation.
In addition, Martin notes, a punitive fine of up to Cdn$25,000 has been implemented to deal with those who violate the act.