Silvera v. Olympia Jewellery Corporation, 2015 ONSC 3760

Released June 15, 2014 | CanLII

Ms. Silvera – who had worked at Olympia Jewellery Corporation as a receptionist/administrative assistant – was fired after a two week absence from work due to dental surgery. At the time, she earned $28,000 a year, and had worked for the employer for a year and a half. She brought an action against Olympia for wrongful termination and against her former supervisor, Morris Bazik, for damages arising from a series of sexual assaults and battery, sexual harassment, and racial harassment. Ms. Silvera’s daughter advanced a claim for damages for the loss of guidance, care and companionship.

The defendants did not appear at trial. Consequently, the trial judge granted a motion brought by the plaintiffs to strike out their defence, and all of the factual allegations contained in the Statement of Claim were taken as admitted.

The trial judge also accepted the evidence of a clinical psychologist, who stated that the effects of the supervisor’s conduct on Ms. Silvera were particularly severe because, among other reasons, she had no “capable guardian”. She did not have someone at work who could step in to prevent the conduct, and there were no sexual harassment policies in place or mechanisms to address the issue. The psychologist diagnosed her with chronic post-traumatic stress disorder, major depressive disorder and alcohol abuse in sustained remission.

The trial judge found that the supervisor engaged in several acts of battery, breached his fiduciary duty to Ms. Silvera, did not fulfil his duty of care under the Occupiers’ Liability Act, and engaged in racial and sexual harassment under the Human Rights Code. As the employer, Olympia was held vicariously liable for the supervisor’s behaviour.  The trial judge further found that the impact on Ms. Silvera was significant, including a diminished closeness with her daughter, and an impaired earning capacity because she was no longer comfortable working with older men in close proximity or in a supervisory role. There was no clear prognosis of how long her symptomology would continue.

Ms. Silvera was awarded a total of $312,056.56 as follows:

(i) the defendants were jointly and severally liable for $206,711.93 for the supervisor’s conduct, broken down as

(a) $90,000 for general and aggravated damages,

(b) $10,000 for punitive damages,

(c) $30,000 for breach of the Human Rights Code,

(d) $42,750 for costs of future therapy care,

(e) $37.18 for the subrogated OHIP claim, and

(f) $33,924.75 for future lost income;

(ii) Olympia was to pay Ms. Silvera $90,344.63 for wrongful termination; and

(iii) the Defendants were to jointly and severally pay Ms. Silvera’s daughter $15,000 in damages under the Family Law Act.

 

Full decision available on CanLII

Written by

Einav practices exclusively in civil litigation. Her practice focuses on motor vehicle accident, accident benefits, occupier’s liability, slip/trip and falls, dog bites, medical malpractice, solicitor negligence, class action, employment and sexual assault claims.

During her free time, Einav takes improv and Spanish lessons. She enjoys being active, traveling, and spending time with family and friends.