Compensation Awards In Sexual Assault Cases - Case Summary #2

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...