Deirdre McDade

The Tribunal determined the appropriate remedial order for two cases of discrimination regarding the Special Diet Allowance under the Ontario Disability Support Program.

The respondent argued it should be entitled to apply the retroactive benefits owed to the complainants towards their pre-existing overpayments.

The Tribunal held that, to meaningfully remedy the discrimination and place the complainants in the position they would have been in absent the Code violation, the respondent must pay the retroactive benefits directly to the complainants without deducting the overpayments.

The complainant alleged that the respondent, a sales representative in her real estate office, sexually harassed her through inappropriate touching, sexual jokes, and derogatory comments.

The Tribunal found that the respondent engaged in sexual harassment by touching the complainant's buttocks and breast, and by making frequent sexual jokes, violating section 7(2) of the Human Rights Code.

The allegation regarding derogatory terms was not proven.

The Tribunal awarded the complainant $10,000 in general damages and $6,000 for mental anguish.