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Sexual Harassment Ontario

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Ontario, Canada Appeal Court Decides Findings of Workplace Investigation Were Not Defamatory

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In Safavi-Naini v. Rubin Thomlinson LLP, 2023 ONCA 86, the Court of Appeal for Ontario (OCA) upheld the dismissal of a defamation action under s. 137.1 of Ontario’s Courts of Justice Act (CJA). The decision provides guidance...more

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Ontario, Canada Court Confirms Sexual Harassment Not an Independent Tort

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Employee filed action against company vice president for sexual harassment and sexual assault, and against company for vicarious liability for the sexual harassment. Court confirmed that sexual harassment is not an...more

Stikeman Elliott LLP

Ontario Court Affirms that Workplace Sexual Harassment is not an Independent Tort

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The Ontario Superior Court of Justice recently released a decision, Incognito v. Skyservice Business Aviation Inc., 2022 ONSC 1795 (“Skyservice”), in which it struck out a Plaintiff’s claim for vicarious liability against her...more

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Ontario, Canada: HRTO Finds Employee Was Victim of Repeated Acts of Sex Discrimination in Poisoned Work Environment

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In A.B. v. C.D., 2022 HRTO 890, the Human Rights Tribunal of Ontario (HRTO) found that the applicant was a victim of discrimination on the basis of sex and that her work environment was poisoned by repeated acts of...more

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Ontario, Canada Court of Appeal Decides Employer Was Justified in Terminating Employee for Cause for Sexual Harassment

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In Hucsko v. A.O. Smith Enterprises Limited, 2021 ONCA 728 (A.O. Smith), a long-term senior employee’s co-worker alleged that the employee sexually harassed her. After a workplace investigation that determined the co-worker’s...more

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Canada: Ontario Superior Court Holds Labour Arbitrator Has Exclusive Jurisdiction to Resolve Dispute Relating to Workplace...

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In De Facendis v. Toronto Parking Authority, the Ontario Superior Court of Justice held that when a claim for workplace sexual harassment and workplace sexual assault “arises under the collective agreement,” a labour...more

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Ontario, Canada: Human Rights Tribunal Awards Significant Damages to Employee Who Acquiesced to Sexual Relationship with...

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In NK v. Botuik, 2020 HRTO 345, the Human Rights Tribunal of Ontario (HRTO) made a $170,000 damage award to a vulnerable employee who, after being sexually harassed by her direct supervisor, engaged in unwelcome sexual...more

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Ontario: Requirements for Mandatory Policies, Training and Postings - September 2020

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Employers with employees in Ontario often ask about legislative requirements under various employment statutes, including mandatory policies, training and postings under the Employment Standards Act, 2000, the Workplace...more

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Ontario, Canada Mandatory Policies, Training and Postings—Are You In Compliance? August 2020

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Posting: Employment Standards Act, 2000 - The poster is prepared by the Minister of Labour to help ensure employers understand their minimum obligations and employees know their rights. Employers must: • provide each...more

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Ontario: Requirements for Mandatory Policies, Training and Postings - June 2019

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Employers with employees in Ontario often ask about legislative requirements under various employment statutes, including mandatory policies, training and postings under the Employment Standards Act, 2000, the Workplace...more

Littler

Ontario, Canada Mandatory Policies, Training and Postings—Are You In Compliance? March 2019

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Employers with employees in Ontario often ask about legislative requirements under various employment statutes, including mandatory policies, training and postings under the Employment Standards Act, 2000, the Workplace...more

Littler

Ontario Court of Appeal Upholds Moral Damages, Human Rights Damages, and High Legal Cost Award in Wrongful Dismissal Case

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In a new Ontario Court of Appeal case, the appellate court upheld the trial court’s judgment in favor of the plaintiff in the amount of $60,000 for moral damages, $55,849 for wrongful dismissal, $25,000 in human rights...more

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