Ontario Superior Court Recognizes New Tort of Harassment

New Tort of Harassment The recent decision of the Ontario Superior Court in Merrifield v A-G Canada has received much attention in the employment bar as it approved for the first time a tort claim for “harassment”. For reasons which follow, the decision will likely have modest impact on the employment law remedies. Further, given […]

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HRTO: The Human Rights Code Does Not Necessarily Protect Employees From Uncomfortable Conversations

The Human Rights Tribunal of Ontario (HRTO) recently dismissed a claim filed by a nurse who alleged that she was being subject to uncomfortable sexual conversations at work, which constituted discrimination and harassment and violated her rights at work. The HRTO ultimately found that being made to feel uncomfortable during conversations in the workplace does […]

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Employer Ordered to Pay $60,000 in Moral Damages After Firing Woman Who was Sexually Harassed

The Ontario Court of Appeal recently upheld an award of $60,000 that a lower court granted to an employee for the manner in which she had been dismissed after she made a complaint of sexual harassment. What Happened? The employee in question, Ms. Doyle, had worked for the employer, Zochem Inc. (a manufacturer of zinc […]

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Third Parties and Discrimination in the Workplace

The Supreme Court of Canada will be hearing an appeal of Schrenk v. British Columbia (Human Rights Tribunal) and determining whether the B.C Human Rights Tribunal had jurisdiction to hear a complaint about discrimination in employment involving individuals from different workplaces/separate employers. The Background The complainant, Mohammadreza Sheikhzadeh-Mashgoul (Mashgoul) was a civil engineer working for […]

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