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Serious insight for serious situations.

Serious insight for serious situations.

We need a tort of sexual harassment

In 2019, the Ontario Court of Appeal (ONCA) released its decision in Merrifield v. Canada (Attorney General), reversing a trial court decision and definitively ruling there to be no independent tort of harassment. The plaintiff, an employee of a police force, had made a claim of harassment and bullying which he asserted negatively impacted his career and caused him emotional distress.

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The perils of orientation week

During orientation week at the outset of last fall’s semester, reports over social media alleged that up to 30 women may have been drugged and sexually assaulted at one of Western’s campus residences. In response to these allegations, students planned a walkout, police were called to investigate, and Western implemented mandatory sexual violence awareness…

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Sexual assault – a serious form of workplace misconduct

In a recent Provincial Court of Alberta decision, Dupont v. Ag Growth International Inc. (AGI-Westeel), 2021 ABPC 118, the trial judge ruled that just cause termination was a disproportionate measure following a workplace investigation where the dismissed employee was found to have sexually harassed a female colleague. The employer subsequently appealed this decision to the Alberta Court of Queen’s Bench, who allowed the appeal.

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Welcome to the twilight zone – Reflecting on #MeToo in the wake of the Andrew Cuomo workplace investigation

You may have seen the news about New York Governor Andrew Cuomo’s resignation, following an investigation that concluded that he sexually harassed 11 women from 2013 to 2020. Investigators interviewed 179 people and ultimately found a pattern of unwanted touching and sexually suggestive and inappropriate comments towards staff, State employees and members of the public.

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Back to College and University – Have You Talked About Consent and Sexual Violence on Campus?

It is September and back to school time, including back to the physical campus after more than one year of virtual learning. I imagine that most students are looking forward to being back on campus, or attending campus for the first time. It is an exciting time, yet…

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