Sexual Violence Archives - Rubin Thomlinson

Jocks and locker room talk? Lessons for workplace investigators from research on student athletes and sexualized violence

March 26, 2024 | By Elizabeth Bingham

Over the past several years, high profile allegations, investigations, and findings of sexualized violence in sports have garnered significant media attention, both within Canada and around the world. As a workplace investigator who focuses on investigations and assessments in the education sector, these incidents have gotten me thinking about the intersection between secondary and post-secondary institutions, athletes, and misconduct.

Sex, lies, and celebrities: What employers can learn from the Russell Brand allegations

October 10, 2023 | By Melody Jahanzadeh

In recent weeks, allegations have been raised about actor/comedian Russell Brand regarding various instances of sexual assault, emotional abuse, and bullying from four anonymous women. As outlined below, this story provides several important takeaways for employers and investigators who deal with these issues.

A primer on sexual assault investigations in the workplace

October 4, 2022 | By Katharine Montpetit

Some of the most serious forms of workplace or institutional investigations will involve the investigation of allegations of sexual assault. For post-secondary institutions (“PSIs”), incidents of sexual assault are, unfortunately, not uncommon. As evidenced by recent stories in the media, incidents of sexual assault can also arise in a variety of other workplaces and organizations.

Is it sexual harassment? Maybe… completely… not at all!

September 20, 2022 | By Alexandra Djagba Oli

When HR departments become aware of a complaint, they should ask themselves the threshold question: If what is alleged is true, does it breach our policies or statutes? A recent decision of the British Columbia Human Rights Tribunal (“the Tribunal”),…

We need a tort of sexual harassment

May 26, 2022 | By Flora Vineberg

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.

The perils of orientation week

May 4, 2022

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…

Assessing “unwelcome” conduct: Recent developments in the test for sexual harassment

March 15, 2022 | By Katharine Montpetit

As an investigator at Rubin Thomlinson LLP who specializes in sexual harassment investigations, I understand how challenging these can be. These investigations need to be approached with not only sensitivity and empathy, but with up-to-date knowledge of the law.

International Day for the Elimination of Violence Against Women: Considerations for your workplace

November 25, 2021 | By Katharine Montpetit

November 25, 2021, marks International Day for the Elimination of Violence Against Women. As workplace investigators, we know all too well that gender-based violence and harassment is a live issue, the impacts of which can be devastating on the survivor, their loved ones, and the workplace more broadly.

Serious insight for serious situations.