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Righting Wrongs: Extraordinary remedies for egregious cases

Thursday, May 7, 2020, 12:30 pm - 2:00 pm EDT

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Anne Gregory

Legal Counsel
Manitoba Nurses Union
Carissa Tanzola

Employer Counsel
Filion Wakely Thorup Angeletti LLP


David Corry

Employer Counsel
Gowlings WLG
Crystal Norbeck

Union Counsel
Gerrand Rath Johnson LLP


Over the past few years, courts, human rights tribunals, and labour arbitrators across Canada have been releasing a series of groundbreaking remedial awards. Are damages on the rise? What lessons do these awards offer to workplace parties? In this session, experienced advocates will highlight emerging remedial trends and provide guidance on preventing behaviour that leads to headline-worthy awards.

  • What are some recent examples of significant damage awards for injury to dignity, feelings, and self-respect from courts, human rights tribunals, and arbitrators? Are there any common features present in these cases — either in terms of the type of conduct sanctioned or the harms suffered by the individuals compensated — that may shed light on the damages awarded?
  • What are the key recent decisions involving significant awards for aggravated or moral damages? Are plaintiffs required to lead evidence demonstrating that they suffered actual harm as a result of the manner of dismissal, or can an employer's conduct in itself be sufficient to justify these damages?
  • Is there a growing trend in favour of awarding damages for failing to investigate human rights complaints or for failing to conduct an adequate investigation?
  • Has recent caselaw changed the perception that high punitive damage awards are inappropriate? Are there general principles that courts follow when deciding whether to award these damages and in fixing the appropriate amount?
  • Are human rights tribunals increasingly ordering reinstatement as a remedy? Are awards of compensation in lieu of reinstatement becoming more common at arbitration? When are arbitrators likely to make such awards, and how do they calculate an appropriate quantum of damages to compensate for the loss of unionized employment?
  • What factors do arbitrators consider in assessing whether to order relocation of a manager or employee? What are some examples of remedies that have been awarded as an alternative to relocation?
  • What lessons emerge from recent awards? What conduct should employers avoid in order to lessen the risk of becoming the subject of an extraordinary award?


CPHR Alberta

CPD hours for this event can be logged online, through your CPHR Alberta member profile.

HRPA Continuing Professional Development

This program has been approved for 1.5 Continuing Professional Development (CPD) hours under Section A3 of the Recertification Log of the Human Resources Professionals Association.

HRMA Continuing Professional Development

This audio conference has been approved by the Chartered Professionals in Human Resources of British Columbia and Yukon (CPHR BC & YK) for 1.5 Continuing Professional Development hours. Be sure to note the Event Identification Number in your CPHR Recertification Log.

Lancaster House CPD
  • This audio conference has been approved by the Law Society of British Columbia for 1.5 Continuing Professional Development hours.
  • Members of the Law Society of Saskatchewan should contact their Law Society regarding CPD approval.
  • CPD for Members of the Law Society of Ontario: 1.5 Substantive Hours; 0 Professionalism Hours.
  • This audio conference has been approved by the Law Society of New Brunswick for 1.5 Continuing Professional Development hours.
  • Members of the Nova Scotia Barristers' Society may count this program for 1.5 Continuing Professional Development hours.

Additional Information

Valuable, up-to-date materials and case summaries will be available for downloading from our website. Each audio conference is accompanied by a PDF of concise summaries of the cases discussed.

Live Session – $265, plus HST
Live Session for 2 or more (Boardroom fee) – $530, plus HST
Bundle Rate – Purchase a Live Session and receive the companion MP3 Recording for $165, plus HST
MP3 Recording – $265, plus HST
(Registrations must be paid in advance of the audio conference)
Contact us for discount pricing on the entire series.

Audio conference MP3 files are available for $265. Those who have purchased the live audio conference may purchase the corresponding downloadable audio MP3 file for the discounted price of $165.

The recorded MP3 file and materials are available for download one business day after the live audio conference. After purchasing, you will receive an e-mail with instructions on how to access and download the audio conference MP3 file and materials by visiting My Account and selecting Order History. For audio file purchases for upcoming audio conferences, once the MP3 file is available through our site, registrants will receive an update e-mail informing them that the links are now ready.

When you register, you'll be given a toll-free number to dial at the time of the session and an access code to join the call. For additional program and registration information, call Lancaster House at (416) 977-6618.

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