In Ms. L v. Clear Pacific Holdings Ltd. and others, 2024 BCHRT 14, the BC Human Rights Tribunal (the “Tribunal”) awarded the complainant $100,000 for injury to dignity, feelings and self respect, for sexual harassment and assault.
Background
Ms. L, the complainant, worked as a personal assistant to Sydney Hayden and his companies for approximately 21 years. Her usual places of employment were Hayden’s house and his yacht. At the time she started working for Hayden, Ms. L was dependent on cocaine. In her complaint Ms. L alleged that Hayden had emotionally abused, sexually harassed, and physically and sexually assaulted her while she worked for him. She also alleged that he had withheld her wages and abandoned her in Mexico.Decision
In a hearing held via videoconference, the Tribunal found that Hayden had discriminated against Ms. L on the basis of sex and disability in violation of section 13 of the BC Human Rights Code. The Tribunal found that the power imbalance between Hayden and Ms. L was “profound” not only because he was her employer but also because of her personal circumstances, including her substance use disorder (which he had exploited by supplying her with cocaine he kept on his boat), her problems with her abusive ex-husband, the isolation of her workplace i.e., Hayden’s house or boat, and the fact that Hayden, who was 17 years older than Ms. L, had positioned himself as her mentor and caretaker. Evidence led at the hearing indicated that Hayden’s actions had impacted Ms. L significantly, including resulting in PTSD, panic attacks, drug overdose, declining health, hypervigilance, and nightmares. Ms. L’s evidence was uncontested as the respondents did not participate in the hearing. Based on all of the facts before it, the Tribunal concluded that it was appropriate to award Ms. L $100,000 for injury to dignity, given the nature of the discrimination, the length of the discrimination, and the lifelong impact of the discrimination on all aspects of Ms. L’s life. The Tribunal also awarded Ms. L the sum of $61,541.90 in lost wages, and $8,699.84 for expenses incurred because of the discrimination.Takeaways
- $100,000 is the highest the Tribunal has awarded to date, for injury to dignity for sexual harassment and assault. It is also the Tribunal’s second highest injury to dignity award overall.
- The award in this case reflects an upward trend in the Tribunal’s awards as well as awards in Ontario.
- Some of the discriminatory acts occurred outside of BC. However, the Tribunal had jurisdiction to hear evidence regarding all of them, because they arose in an employment relationship that had a sufficient connection to BC.
Resources 
