M.B. v. 2014052 Ontario Ltd. (Deluxe Windows of
Canada), 2012 ONCA 135
M.B. moved to Canada in 2002 and began working at Deluxe Windows
of Canada ("Deluxe Windows") in December 2003 as a
commissioned salesperson. She worked there until May of 2005. In
2004, she was sexually assaulted on four occasions by her direct
supervisor, who was a part-owner of Deluxe Windows. The assaults
were violent and the supervisor threatened to kill M.B. He was
convicted of criminal charges and sentenced to a term of
imprisonment for these assaults.
After the assaults, M.B. was afraid to leave her home and began
sleeping with double locks on her bedroom door. She suffered
nightmares, difficulty sleeping, and loss of sexual desire. She
also suffered from post-traumatic stress disorder, depression,
anxiety, feelings of shame and suicidal thoughts.
M.B. sued the supervisor who assaulted her, as well as her
employer, Deluxe Windows. The trial was before a judge and jury.
The jury awarded M.B. $300,000 for pain and suffering plus $25,000
in aggravated damages to recognize the humiliation and indignity
caused by the defendants' misconduct. $45,000 was also awarded
for future health care costs.
The defendants appealed. Though they admitted responsibility for
the sexual assaults, they claimed they were not responsible for the
severity of the psychological conditions from which M.B. suffered,
pointing to M.B.'s 14-year abusive marriage to her first
husband and other possible causes. The defendants also claimed that
the amounts awarded were unreasonably high. The Ontario Court of
Appeal found there was no reasonable evidence that M.B.'s
psychological conditions had been caused by events other than the
sexual assaults. The Court of Appeal confirmed the award made to
M.B., finding that while it was generous and higher than awards in
other similar cases, it was not plainly unreasonable or unjust in
It's not often that our little blog intersects with such titanic struggles as the U.S. presidential race – and by using the term "titanic" I certainly don't mean to suggest that anything disastrous is in the future.
J.J. v. C.C., is an interesting case in which the court held that an automotive garage owes a duty to minor children to secure the vehicles on the premises by locking the cars and safely storing the car keys...
In Irwin v. Alberta Veterinary Medical Association, 2015 ABCA 396, the Alberta Court of Appeal found that the "ABVMA" failed to afford procedural fairness to a veterinarian undergoing an incapacity assessment.
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