Under the current Canadian Human Rights Act (“CHRA”), the maximum heads of damages for pain and suffering (section 53(2)(e)), and for reckless and willful discriminatory practices (subsection 53(3)) are capped at $20,000, respectively. This means that the maximum a claimant may be awarded is $40,000. The caps remained unchanged since 1998, when they increased from $5,000 to $20,000.

In Parkdale Community Legal Services v. Canada, 2025 FC 912, these maximum caps were challenged. The plaintiffs sought a declaration that the caps on monetary damages violated section 15(1) of the Charter and argued that it could not be justified under section 1. They further argued that the statutory caps on damages violated the claimant group’s equality rights under section 15(1) because they operated in the same manner for all complainants, regardless of their protected group.

Parkdale’s argument was ultimately rejected. The Court found that they failed to establish a prima facie discrimination breach under section 15(1) of the Charter, and that the damage caps were ultimately an issue regarding policy for Parliament, rather than a constitutional matter.

This case poses several interesting considerations regarding the appropriate damages for discrimination claims. Many provincial jurisdictions have raised their discrimination minimums, with British Columbia recently awarding $150,000 in damages at their provincial tribunal.

To read the courts complete reasoning in Parkdale Community Legal Services v. Canada, 2025 FC 912, click here.