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ARTICLE · 09 FEBRUARY 2017

Court Refuses Small-Town Mayor's OHSA-Based Request For Injunction Prohibiting Resident From Harassing Her

An Ontario judge has rebuffed a small-town mayor's attempt to use the Occupational Health and Safety Act‘s violence and harassment provisions to obtain a court order stopping a town resident from harassing her.

CanadaEmployment and HR

An Ontario judge has rebuffed a small-town mayor's attempt to use the Occupational Health and Safety Act's violence and harassment provisions to obtain a court order stopping a town resident from harassing her.

The mayor claimed that the resident had engaged in workplace harassment and violence, contrary to the OHSA, by sending her numerous "increasingly abrasive" letters and emails in which he made pejorative statements about the mayor and made comments about the "unprofessional conduct" of the town. The resident was apparently "interested in horticulture and town beautification" and had concerns about the management of the town's affairs.

The court decided that the evidence did not support a finding that workplace violence had occurred. There was just one allegation that the resident had verbally harassed the mayor during an encounter at the town health unit, where the mayor held a full-time job, in 2014. Also, the judge stated that it was doubtful that

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