Upcoming Webinar: January, 14th 2021 @ 12:30 PM (EST)  |  The Top 10 Workplace Investigation Cases of 2020  |  Register Today!

Serious insight for serious situations.

Serious insight for serious situations.

The Supreme Court of Canada’s Recent Trilogy of Cases on s. 276 of the Criminal Code – How We Can Apply it to Our Investigation Practices

In a recent webinar offered at Rubin Thomlinson, titled “Primer on Consent,” we enjoyed a highly informative discussion on consent in the context of sexual assault. Part of that presentation included reference to a trilogy of cases from the Supreme Court of Canada (SCC) on the issue of sexual assault and s. 276 of the Criminal Code (“CC”).

Read More

T.M. v. Government of Manitoba: Important Lessons on Workplace Harassment for Employers, Employees, and Investigators

A recent decision of the Manitoba Human Rights Commission¹ has clarified the extent of an employer’s obligation to provide its employees with a safe and respectful workplace. The decision – the first time the Human Rights Commission has considered a complaint of harassment on the basis of sexual orientation – is a powerful one, and is full of important takeaways for employers, employees, and workplace investigators alike.

Read More

Trauma and Credibility: the Ontario divisional court reviews a “he said, she said” case of sexual harassment

In 2018, the Ontario human rights tribunal case A.B. v Joe Singer Shoes Limited received a lot of attention because of its high damages award – $200,000 for the Applicant’s pain and suffering from of over 20 years of sexual harassment by her boss, Mr. Singer. But when Mr. Singer sought judicial review of this decision, it was not the quantum of the damages that was at issue; it was the Vice-Chair’s assessment of the parties’ credibility. Since this was a “he said, she said” case – there were no direct witnesses to Mr. Singer’s conduct – the Vice-Chair determined that Mr. Singer had engaged in sexual harassment, even though he denied doing so, because she believed the Applicant (Ms. B.) and did not believe Mr. Singer.

Read More