The Human Rights Tribunal of Ontario has ordered the estate of a deceased landlord to pay a former building superintendent $7,500 in damages after finding she was subjected to sexually harassing comments related to her pregnancy. The tribunal dismissed the remainder of her claims, including allegations of a failure to accommodate her pregnancy-related disabilities.
The applicant, C.P., filed a human rights application against the estate of her former employer, T.D., and his spouse, L.M., alleging violations of the Human Rights Code. She claimed T.D. made inappropriate comments about her pregnancy and failed to accommodate her request for modified duties due to pregnancy-related limitations.
The respondents did not attend the hearing or participate in the proceedings.
Tribunal finds harassment occurred
C.P. worked as a live-in superintendent at a 39-unit apartment building in Toronto owned by T.D. Her duties included cleaning and maintaining common areas, shovelling snow, cutting grass, collecting rent, and managing tenant complaints. In exchange, she received free rent but no formal salary.
The tribunal found that in early March 2018, T.D. made comments about C.P.’s pregnancy, including:
- “Oh my gosh, your belly grew quite a lot.”
- “People say that when a woman’s belly grows, her vagina also grows.”
T.D. then asked C.P. to show him her stomach. When she refused, he replied, “Why not? I just want to see, not touch.”
C.P. testified that these comments made her uncomfortable and were offensive. The tribunal ruled that T.D.’s remarks and conduct constituted harassment under the Code, stating that a reasonable person would have known the comments were unwelcome and inappropriate.
Tribunal dismisses failure to accommodate claim
C.P. also alleged that she was denied accommodation when she requested relief from physically demanding duties due to her pregnancy. She stated that she informed T.D. she could continue administrative tasks but could not perform cleaning and maintenance work. According to C.P., T.D. refused her request and told her to seek assistance from her spouse or someone else.
When she reiterated her request weeks before her due date, he again told her that she was responsible for completing her duties and that if she could not do the job, she would have to leave. She resigned on November 7, 2018.
The tribunal found that while C.P. was pregnant and had requested accommodations, she did not present medical evidence proving she was unable to perform her duties. The decision emphasized that the duty to accommodate is not unlimited and does not require employers to fundamentally change working conditions or reassign essential duties to other employees.
The tribunal ruled that C.P.’s role primarily involved cleaning and maintenance, making those tasks essential to her employment. As such, the respondents were not required to accommodate her request to be excused from those duties. The tribunal also found that T.D. engaged in discussions with C.P. regarding accommodation, satisfying the procedural duty under the Code.
Damages and legal considerations
The tribunal awarded C.P. $7,500 in damages for injury to dignity, feelings, and self-respect. While recognizing that sexual harassment is a serious violation, the tribunal determined that this case fell at the lower end of the spectrum due to the limited nature of the harassment. It noted that:
- The harassment consisted of a single interaction where inappropriate comments were made.
- There was no unwanted physical contact or sexual propositioning.
- No medical evidence was provided to show lasting psychological harm.
Although C.P. had requested $25,000 in damages, the tribunal considered previous awards in similar cases and found that a lower amount was appropriate. The estate of T.D. was ordered to pay the damages within 60 days, with pre- and post-judgment interest applied.
The application against L.M. was dismissed, as there was no evidence she engaged in or contributed to the harassment.
For more information, see Perez v. Tony De Melo Estate, 2025 HRTO 295 (CanLII).
