Recognizing the Tort of Harassment in Ontario Workplaces

Introduction

The recognition of harassment as a tort in Ontario has significant implications for employers. The case of Merrifield v. Canada (Attorney General), 2019 ONCA 205, provides valuable insights.

Case Overview

In this case, the Ontario Court of Appeal overturned a trial decision that had recognized a free-standing tort of harassment. The court emphasized that existing legal frameworks, such as the tort of intentional infliction of mental suffering, are sufficient to address workplace harassment claims. 

Best Practices

  • Implement Clear Policies: Develop comprehensive anti-harassment policies that outline unacceptable behaviours and reporting procedures.

  • Provide Training: Regularly train employees and management on recognizing and preventing harassment.

  • Conduct Thorough Investigations: Ensure all harassment complaints are investigated promptly and impartially.

Protect your workplace from harassment claims. Partner with LJ Investigations to develop effective policies and conduct thorough investigations.

Lauren JonesComment