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Canada Harassment

Blake, Cassels & Graydon LLP

Revue de l’année 2023 du droit de l’emploi au Canada

Le droit de l’emploi au Canada a continué d’évoluer en 2023. Partout au pays, des tribunaux ont abordé un éventail de questions relevant de ce domaine de droit, y compris les périodes de préavis, les ententes à terme fixe...more

Blake, Cassels & Graydon LLP

Canadian Employment Law: 2023 Year in Review

Employment law in Canada continued to evolve in 2023. Courts and tribunals across the country dealt with issues ranging from notice periods and fixed-term contractor agreements to the tort of harassment and time theft. While...more

Blake, Cassels & Graydon LLP

Alberta’s New Tort of Harassment

The Alberta Court of King's Bench (Court) created a new common law tort of harassment in Alberta Health Services v. Johnston (Alberta Health)....more

Littler

Alberta, Canada Court Recognizes New Tort of Harassment

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In Alberta Health Services v Johnston, 2023 ABKB 209, the Court of King’s Bench of Alberta recognized a new tort of harassment. Background - Alberta Health Services (AHS) and two individual plaintiffs claimed they were...more

Stikeman Elliott LLP

Alberta Court Establishes New Tort of Harassment

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In the decision of Alberta Health Services v Johnston, 2023 ABKB 209 (“AHS v Johnston”), an Alberta court established a new tort of harassment. Background Facts - Alberta Health Services (“AHS”) and two named...more

Bennett Jones LLP

Alberta Gains New Tort of Harassment and Limits Defamation By Government Actors—Online and IRL

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Court Unveils Four-Part Harassment Lawsuit Test A bold Alberta Court of King's Bench decision, Alberta Health Services v Johnston, 2023 ABKB 209, declined to follow Ontario appellate authority on the issue and established the...more

Littler

Canada: Bill C-3 Will Provide Paid Medical Leave and Other Leaves for Federal Employees and Prohibit Intimidation in Health Care

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On December 17, 2021, Bill C-3, An Act to amend the Criminal Code and the Canada Labour Code (Bill C-3), received Royal Assent.  Bill C-3’s intention is to provide support, in light of the COVID-19 pandemic, to workers in...more

Blake, Cassels & Graydon LLP

Workplace Harassment and Violence: Overview of New Obligations for Federally Regulated Employers

As of January 1, 2021, federally regulated employers must comply with new workplace harassment and violence prevention obligations. These obligations stem from amendments made to the Canada Labour Code (Code) by way of Bill...more

Littler

Ontario, Canada: Superior Court Creates New Tort of Internet Harassment

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Regardless of social media policies establishing expectations for employee conduct online, online harassment is still a prevalent issue in the workplace as well as in society more generally. ...more

Blake, Cassels & Graydon LLP

Au-delà de la diffamation : un tribunal ontarien reconnaît le délit de harcèlement sur Internet

Dans l’affaire Caplan v. Atas (l’« affaire Caplan »), le juge Corbett de la Cour supérieure de justice de l’Ontario (la « Cour ») a accueilli les requêtes pour jugement sommaire et jugement par défaut des demandeurs après en...more

Blake, Cassels & Graydon LLP

Beyond Defamation: Ontario Court Recognizes New Tort of Internet Harassment

In Caplan v. Atas (Caplan), Justice Corbett of the Ontario Superior Court of Justice (Court) granted the plaintiffs’ motions for summary judgment and default judgment, concluding that the defendant carried out egregious...more

Littler

Canadian Federal Government Provides Practical Guidance on Bill C-65 and Workplace Harassment and Violence Regulations

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On January 1, 2021, Bill C-65, An Act to amend the Canada Labour Code (harassment and violence), the Parliamentary Employment and Staff Relations Act and the Budget Implementation Act, 2017, No. 1 (Bill C-65) and the Work...more

Littler

Canada: New Work Place Harassment and Violence Prevention Regulations for Federally-Regulated Work Places Come into Force January...

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On June 24, 2020, the federal government published Work Place Harassment and Violence Regulations (Regulations), which set out the requirements that federally-regulated employers will be required to meet in order to satisfy...more

Littler

CANADA: How Can Employers Mitigate Liability for Incidents Related to Alcohol or Cannabis Consumption at Holiday Parties?

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In Canada, employers that host holiday parties for their employees could expose themselves to significant common law liability for the actions of an employee or guest who is under the influence of alcohol or cannabis....more

Littler

Ontario, Canada: A Tale of Violence and Harassment in the Workplace and Judicial Sanctions for an Employer that Handled it Poorly

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As employment lawyers that represent management, we invariably counsel our clients that they must treat complaints of harassment in the workplace seriously, and take immediate steps to investigate them.  A recent case,...more

Littler

Littler Global Guide - Canada - Q1 2019

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Among other things, the Fair Workplaces Better Jobs Act, 2017 (Bill 148) significantly amended Ontario's Employment Standards Act, 2000 (ESA). Most of Bill 148’s ESA amendments came into force in 2018, with the remainder to...more

Littler

Tort of Harassment Abolished in Ontario, Canada

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In early 2017, in a case about strained relations between a Royal Canadian Mounted Police (the “RCMP”) member and several of his supervisors, the Ontario Superior Court of Justice (the “ONSC”) created a new “tort of...more

Bennett Jones LLP

Bill C-65: Harassment, #MeToo and You

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The statistics are alarming—a 2017 federal survey found that 60 percent of women report having experienced harassment in the workplace and 41 percent stated that there was no attempt to resolve a reported incident. Further,...more

Blake, Cassels & Graydon LLP

Quebec Provides Guidance on New Time Limit for Filing Complaints of Psychological Harassment

The Administrative Labour Tribunal (ALT) clarified the terms under the Act respecting labour standards (Act) that provide the new time limit for filing a psychological harassment complaint with the Commission des normes, de...more

Blake, Cassels & Graydon LLP

How to Achieve a Respectful, Harassment-Free Workplace

The overwhelming number of reports of #metoo cases, including several high-profile and public accusations of sexual harassment and assault in the workplace across industries in Canada, is causing many employers to take stock...more

Littler

Canada: Ontario Court Reconfirms Existence of a Standalone Tort for Harassment

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In Merrifield v. The Attorney General of Canada et al., the Ontario Superior Court of Justice recently reconfirmed the existence of the standalone tort of harassment. In this case, the Plaintiff (an officer with the Royal...more

Sands Anderson PC

EEOC News in 2017

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EEOC Wellness Program Notice Requirements for 2017 - If you are not doing so already, be aware that as of January 1, 2017, employers offering voluntary wellness programs must provide employees a notice in accordance with...more

Bennett Jones LLP

Cha-Ching: The High Cost of Failing to Remedy Workplace Discrimination

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Last week, Gretchen Carlson, the Fox News anchor, sued Fox News chairman Roger Ailes, accusing him of harassment and sexism. Though Ailes denies the allegations, the trial will be closely followed, both because of the...more

NAVEX

Is Your Organization Prepared for Ontario Bill 132?

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On September 8, 2016, new legislation in Ontario will go into effect requiring employers to investigate incidents or complaints of harassment or sexual harassment in the workplace. Employers with employees in Ontario will...more

Bennett Jones LLP

Ontario Court of Appeal Clarifies When Workplace Harassment Constitutes Constructive Dismissal

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The Court of Appeal’s decision in General Motors of Canada Limited v Johnson does not break any new ground in the law of constructive dismissal. But against the backdrop of Bill 168 (the Violence and Harassment in the...more

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