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News

Wentland v 2192724 Alberta Inc. o/a Pac Masonry, 2023 AHRC 95 (CanLII)

Mathew Wentland, alleges that the respondent, 2192724 Alberta Inc. o/a Pac Masonry, discriminated against him in the area of employment on the grounds of age and sexual orientation 


The complainant stated further that his supervisor knew that the complainant’s sister is transgender; hence the supervisor made degrading statements about his sister’s sexual orientation. The complainant testified that he sometimes got mad with his supervisor for making these comments, but sometimes he simply brushed off the comments.

. . .

The complainant testified that he disclosed his sexual orientation to his supervisor so that he would not insult him and his sister. He stated that after the disclosure, the supervisor’s inappropriate behaviour toward him got worse. He stated that the supervisor’s inappropriate behaviour included making derogatory comments about his sexual orientation, throwing rocks and cement at him, putting burning cigarettes in his pants, not allowing him to eat, and putting a spider underneath his shirt.

. . .

While the makers of these comments may not have intended to discriminate or offend, intention is irrelevant in determining discrimination under the Act. 

. . . 

Intention or motive is irrelevant to the question of adverse impact. The fact that the maker of a derogatory statement did not subjectively intend to hurt or injure the addressee does not mean that the statement cannot constitute or cause an adverse impact.

. . .

The respondent is hereby ordered to pay to the complainant the amount of $15,000.00 as general damages for injury to dignity