It would appear that there is an increasing willingness on the part of the HRTO to grant significant monetary awards to discriminated employees.
This blog discusses a case where a trial judge awarded an employee $100,000 general damages because the employer committed, among other things, the tort of harassment.
Given the elimination of mandatory retirement years ago, employees are working for longer periods of time and well into their 60s and some into their 70s. Age has always been one of the key Bardal factors, in addition to title, length of service and compensation, that courts use to determine an appropriate common law notice period. In the recent case of Ozorio v. Canadian Hearing Society, 2016 ONSC 5440, Justice O’Marra confirmed that an employee’s age remains a significant factor in determining a common law notice period.