Sexual Misconduct Archives - Rubin Thomlinson

Carroll v. Trump: Lessons for investigations of historic claims of sexual abuse

May 15, 2023 | By Janice Rubin, | By Katharine Montpetit

We have had mandates to investigate allegations of sexual abuse that occurred many years ago. As we point out to clients who wish to retain us, beyond the complexities of every case of this kind, most notably that there is usually no direct evidence of the event having transpired, “historic” cases present unique challenges: Witnesses may no longer be available, documents may have been destroyed, and memories inevitably fade.

Sexual Misconduct in the Military, Part III – The New Battle Plan

March 29, 2023 | By Zoë King

When organizations retain a workplace assessor to help reveal employee experiences of workplace harassment and sexual harassment, they usually ask the assessor to make recommendations as to what the organization should do next.

Who’s on the hook? Vicarious liability and human rights law

January 31, 2023 | By Bruce Best

One question that often arises when addressing incidents of discrimination or harassment under human rights legislation is who is liable. This issue arose in a recent decision of the Ontario Superior Court of Justice, Incognito v Skyservice Business Aviation Inc., …

Sexual Misconduct in the Military, Part II – The Flawed Battle Plan

January 25, 2023 | By Zoë King

This is the second of a series of three posts in which I summarize what independent workplace assessments have revealed about the Canadian Armed Forces’ struggle to address sexual misconduct in the profession of arms.

Sexual Misconduct in the Military, Part I – The Preliminary Battle Plan

January 10, 2023 | By Zoë King

Canada’s Defence Minister Anita Anand recently advised Parliament that she has ordered the Canadian Armed Forces to plan significant operational changes, meant to ground the cultural transformation required to reduce the CAF’s high rate of sexual misconduct amongst service members.

Ontario to regulate campus employee-student sexual misconduct with Bill 26

December 14, 2022 | By Elsie Ikhariale

On October 27, 2022, the Ontario government announced Bill 26, Strengthening Post-secondary Institutions and Students Act, 2022 (“Bill 26”). Beyond finalizing the legal name change of the former Ryerson University to the now Toronto Metropolitan University, Bill 26 proposes new rules on how Ontario post-secondary institutions (“PSI” or “PSIs”)…

A workplace investigator’s thoughts and takeaways on a recent NBA investigation

October 11, 2022 | By Geoffrey Wong

If you’re a fan of the NBA (“the League”), as I am, you may have heard about two high profile stories that sprang up during the off-season. In the Western Conference, Robert Sarver, the owner of the Phoenix Suns , was suspended for one year and fined $10 million, following a large investigation into allegations of racism, misogyny, and bullying in the workplace (the details of which I will briefly get into later).

Serious insight for serious situations.