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In celebration of our twentieth anniversary, we have created the Rubin Thomlinson LLP Workplace Human Rights Award, in partnership with Toronto Metropolitan University’s Lincoln Alexander School of Law. Learn More

Serious insight for serious situations.

Serious insight for serious situations.

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

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.

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

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., …

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

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.

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

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”)…

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‘Tis the season… for workplace investigations? | Joyeuses… enquêtes en milieu de travail ?

Holiday season is almost here, and as workplace investigators, we know that during office holiday parties, some employees, managers, or directors who may have had one or two too many drinks sometimes engage in different types of misconduct – including vexatious comments or jokes, and unwelcome sexual advances or physical contact – that negatively impact individuals and that can even poison the work environment. This is borne out by the case law.

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

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).

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