Tort of Harassment Exists in Ontario

Blog Post
June 13, 2017
Read Time: 2 minutes

In order to succeed in a claim for personal injury, a plaintiff must establish that the defendant’s conduct falls within a known cause of action. Until recently, it has not been clear whether acts of harassment can support a claim for damages. However, the recent decision of Merrifield v The Attorney General has confirmed that the tort of harassment does indeed exist in Canada.

Canada Commits to the United Nations Declaration on the Rights of Indigenous Peoples

Blog Post
June 6, 2017
Read Time: 3 minutes

This spring, the Government of Canada made strides towards implementing the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), and we can look forward to further developments in the coming months. UNDRIP is an international declaration that aims to ensure a “universal framework of minimum standards for survival, dignity and well-being of indigenous peoples of the world”.

Working Notice and Limitation Periods: When Can I Sue?

Blog Post
May 11, 2017
Read Time: 3 minutes

If I am terminated with working notice and decide to work through that notice period, when can I file a claim for wrongful dismissal? A recent Ontario court case wrestled with this question, deciding that the deadline for employees to commence an action begins to run when their employer gives them “working notice.”

New Tort Allows An Employee to Sue An Ontario Employer For Harassment

Blog Post
March 30, 2017
Read Time: 2 minutes

In Merrifield v The Attorney General, the Ontario Superior Court has made it clear that an employee can sue an employer for harassment. The Court sets out a four-part test that needs to be met in order to recover damages for this new tort of harassment, which necessarily includes evidence of outrageous employer behaviour.

How To Mess Up A Dismissal – Just A Few Easy Steps!

Blog Post
March 14, 2017
Read Time: 3 minutes

Can an employer simply sweep sexual harassment complaints under the rug? Can you be fired for making the complaint, or because of your gender? A recent case confirmed that a reasonable, impartial and thorough investigation is necessary when a complaint of sexual harassment in the workplace is made. Also, it reinforced that an employer must act in good faith when terminating an employee.

‘Twas The Night Before Christmas: The Dos and Don’ts of Holiday Work Parties

Blog Post
December 21, 2016
Read Time: 4 minutes

Nelligan O’Brien Payne gratefully acknowledges the contribution of Alex Dezan, Student-at-Law in writing this blog post. With the holiday season upon us, ‘tis the season to talk about the night before Christmas we all look forward to at the workplace: the annual holiday work party. These celebrations come in all shapes and sizes: afternoon teas,… Read more »

2016 Employment Law Year In Review

Blog Post
December 19, 2016
Read Time: 5 minutes

The law is forever changing. With every passing day and year, all levels of court throughout this country render decisions that have an immediate and pronounced impact on all of us. This has been an especially good year for employees. Without cause termination of federal employees not permitted The most significant employment law case to… Read more »

Bill 132 – Are Your Workplace Violence and Harassment Policies Compliant?

Blog Post
December 7, 2016
Read Time: 3 minutes

Workplace sexual assault and harassment has been grabbing headlines for many years. It has been reported that many of our public institutions, including the RCMP and our armed forces, are dealing with a high incidence of such complaints. As we all know, sexual assault and sexual harassment can happen in any workplace. And when it… Read more »