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ARTICLE · 14 JUNE 2017

Harassment As An Independent Cause Of Action

Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
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A recent decision of a Superior Court judge in Ontario has found that harassment, including workplace harassment, is a cause of action in Ontario (Merrifield v. The Attorney General, 2017 ONSC 1333).

CanadaEmployment and HR

A recent decision of a Superior Court judge in Ontario has found that harassment, including workplace harassment, is a cause of action in Ontario (Merrifield v. The Attorney General, 2017 ONSC 1333).

The plaintiff in the decision had joined a police force in 1998. He alleged as part of his claim that after he ran for political office, his superiors started making unjustified and unwarranted decisions about him based on allegations that had no merit. The plaintiff alleged that his superiors harassed and bullied him, damaged his reputation, impaired his career advancement, and caused him to suffer severe emotional distress including depression. As a result, he was off work for significant periods of time. The plaintiff commenced his claim against the police force as well as the individual supervisors who had participated in the allegedly harassing activities. The Plaintiff's evidence at trial was largely accepted by the trial judge.

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