Will They Believe Me? Workplace Investigations and Credibility

Blog Post
October 9, 2018
Read Time: 3 minutes

In Ontario, the Occupational Health and Safety Act imposes a statutory obligation on employers to investigate workplace harassment and workplace violence. The investigation must be timely, objective, confidential, and thorough. A workplace investigation is typically conducted with reference to the civil standard of proof, whether it was more likely than not that an alleged event or conduct occurred.

Do You Have to Put Up With “Locker-Room” Talk in the Workplace?

Blog Post
September 5, 2018
Read Time: 3 minutes

Many people face workplace sexual harassment on a daily basis. It can come in many forms, including derogatory comments, inappropriate touching, repeated advances, propositions, pressure to laugh at inappropriate jokes or being forced to look at explicit imagery. And it can be difficult to know what to do.

Revenge Porn Update

Blog Post
April 26, 2018
Read Time: 2 minutes

How serious is revenge porn? Natasha Chettiar discusses a recent law suit in Manitoba, where a woman learned that her prospective employer had been sent intimate images of her without her knowledge or consent. She has started a court claim seeking damages, as well as a court injunction ordering anyone who may have copies of her intimate images to destroy them and refrain from distributing them any further.

The Right to One’s Image – Privacy Laws in Quebec

Blog Post
April 23, 2018
Read Time: 3 minutes

The civil remedies available to deal with the problem of “revenge porn” are still in their early stages of development in Ontario. By contrast, the principles applicable to these cases have been settled for quite some time in Quebec. This post looks compares Ontario privacy law with the law in Quebec.

Recent allegations against Patrick Brown highlight the need for Bill C-65

Blog Post
February 12, 2018
Read Time: 4 minutes

An employee should not have to be subjected to sexual harassment in order to succeed in their career. Allegations of sexual misconduct against former Ontario Progressive Conservative Leader, Patrick Brown, highlight why Bill C-65 is necessary to enact stronger protection for Parliament Hill staff. But while Bill C-65 sounds like a promising first step, there is still legislative work to do.

Sexual Harassment in the Workplace: What Should I Do?

Blog Post
January 18, 2018
Read Time: 3 minutes

The sexual abuse allegations against film mogul Harvey Weinstein led to an outpouring of allegations against other powerful people in Hollywood and the entertainment industry. The workplace is an especially vulnerable place due to the obvious power imbalance between employees and their supervisors. If you are experiencing sexual harassment in the workplace, what are your legal rights?

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

Blog Post
November 21, 2017
Read Time: 4 minutes

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, gift exchanges, ugly sweater competitions, Christmas caroling, dinner, dancing – the possibilities are endless. Unfortunately, so too are the possibilities for things to go wrong.

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.

Revenge Porn: The Consequences of Publishing Naked Photos of Your Ex – Part 2

Blog Post
April 28, 2017
Read Time: 3 minutes

¬What happens if I share explicit images or videos of my ex without their consent? Is this a crime? Our previous blog post on this topic explored the Ontario Court of Justice decision last year, Doe 464533 v N.D., which recognized a new privacy tort for the first time in Canada called “publication of embarrassing private facts.” This post will look at the criminal repercussions for engaging in revenge porn.