Ontario Severance

S. v. Mardana Ltd. (c.o.b. Mr. Lube)

2005 CanLII 2811 (ON SCDC)Divisional Court (Ontario Superior Court of Justice)Decided Human rights - Employment

Human Rights: Racial Discrimination & Harassment Damages

Summary

This is a judicial review by the Divisional Court of a Human Rights Tribunal Board of Inquiry decision regarding racial discrimination and harassment in employment. The Court substituted its own findings due to destroyed records and inconsistencies, concluding that race was a factor in the complainant's termination and that the employer failed to address racial slurs. The Court awarded damages for lost income and mental anguish and ordered systemic remedies.

Award

$25,131.35 for lost income; $10,000 for mental anguish; systemic remedies ordered

Key Factors

  • racial discrimination
  • workplace harassment
  • poisoned workplace
  • human rights tribunal review
  • systemic remedies

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More Ontario employment decisions from 2005

This summary was written by AI from the published decision and its headnote. It is not an official version of the decision; read the full text on CanLII before relying on it. This is legal information, not legal advice. Ontario Severance is an educational tool. If you are facing a serious employment law matter, consult with a qualified employment lawyer in Ontario.