Silvera v. Olympia Jewellery Corp., 2015 ONSC 3760

Silvera v. Olympia Jewellery Corp., 2015 ONSC 3760
Human rights damages award for sexual assault
Ms. Silvera was an administrative employee of Olympia Jewelry Corp. (“Olympia”). Over the course of her employment, Ms. Silvera was subjected to three separate serious instances of sexual assault by her boss, Mr. Morris Bazik, and ongoing sexual harassment. Mr. Bazik touched Ms. Silvera’s breasts on several occasions, touched her buttocks, insisted she wear jewelry so he could touch her, and gave her massages. Mr. Bazik would require Ms. Silvera to stay late at work after other employees had left for the day (which was unpaid time) and used the time alone to assault Ms. Silvera and harass her with questions and comments about her personal life. Ms. Silvera began to suffer significant emotional damage as a result of this ongoing sexual harassment. Ms. Silvera was terminated from Olympia as a result of a leave she was required to take for a dental emergency and unfounded allegations of misconduct. Ms. Silvera brought an action for damages for sexual assault, battery and harassment against Olympia and Mr. Bazik personally following her termination. Neither Olympia nor Mr. Bazik participated in the trial and, consequently, their defence was struck and all of the factual allegations pleaded in Ms. Silvera’s claim were therefore deemed to be admitted by Olympia and Mr. Bazik.
Ultimately, the Ontario Superior Court awarded damages of nearly $300,000 to Ms. Silvera for sexual assault, battery, wrongful termination, and violation of her rights under the Human Rights Code. Among other things, the damages were intended to compensate Ms. Silvera for costs of future therapy care and future loss of income. The court also awarded damages of $15,000 to Ms. Silvera’s daughter pursuant to the Ontario Family Law Act for loss of guidance, care and companionship.
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