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ARTICLE · 12 DECEMBER 2024

How Many Hats Can External Counsel Wear?

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The decision in Toronto Metropolitan Faculty Association v Toronto Metropolitan University is yet another decision impacting the ever-evolving world of workplace investigations in Ontario.

CanadaEmployment and HR
Jawdat Saleh
Jawdat Saleh
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The decision in Toronto Metropolitan Faculty Association v Toronto Metropolitan University is yet another decision impacting the ever-evolving world of workplace investigations in Ontario.

Background

This decision arises from two grievances filed against the Toronto Metropolitan University (the "University") by the Toronto Metropolitan Faculty Association (the "TMFA") on behalf of the grievors, JM and EVDM.

JM Grievance

A professor at the University filed a discrimination complaint (the "Complaint") with the University's Human Rights Services Office (the "HRSO"). Following a preliminary assessment by the HRSO, the University decided to retain an external person to meet with the complainant, identify the respondent(s) and conduct a threshold assessment of the allegations. If the complaint passed the preliminary stage, the external person would proceed to conduct an investigation into the allegations. The University entered into a retainer agreement

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