Human Rights Tribunal of Ontario
B E T W E E N:
Isabel McCreary Applicant
-and-
407994 Ontario Ltd. o/a Specialty Print and Cassandra Buckmaster Respondents
Case resolution conference decision
Adjudicator: Jim Dimovski
Indexed as: McCreary v. 407994 Ontario
APPEARANCES BY
Isabel McCreary, Applicant ) On her own behalf
407994 Ontario Ltd. o/a Specialty Print ) Richard Hueston, ) Representative
INTRODUCTION
1This is a Decision determining the remedy in respect of an Application filed under s. 53(3) of the Human Rights Code, R.S.O. 1990, c.H-19, as amended (the “Code”).
2On August 25, 2010, McCreary v. 407994 Ontario, 2009 HRTO 1755, was released. That Decision determined that 407994 Ontario Ltd. o/a Specialty Print (the “corporate respondent”) had discriminated in employment against the applicant on the basis of ethnic origin and race. Further, the corporate respondent was determined to have terminated the applicant, in part, due to her ethnic origin and race. There was no finding of liability against the individual respondent, Cassandra Buckmaster.
3On October 28, 2010, the hearing resumed to hear evidence and argument on remedy. The applicant claims approximately $30,000.00 in compensation for lost wages from her termination in 2006; she left the quantum of the award for the loss, arising out of the infringement of her rights, to the Tribunal’s determination.
REMEDY
Injury to Dignity, Feelings and Self-Respect
4The applicant testified that the infringement of her rights by her superior made her feel isolated and caused her to lose self-confidence. Along with her termination, the applicant stated she experienced significant emotional pain and suffering. Although prompted to provide further information, the applicant left the quantum of damages to the Member’s discretion.
5Under section 45.2 of the Code, the Tribunal’s remedial powers are set out:
45.2 (1) On an application under section 34, the Tribunal may make one or more of the following orders if the Tribunal determines that a party to the application has infringed a right under Part I of another party to the application:
- An order directing the party who infringed the right to pay monetary compensation to the party whose right was infringed for loss arising