Search

Class actions

Proposed Class Action for Sexual Harassment Fails

The recent decision[1] of Baltman J. in Rivers v Waterloo Region has denied certification to a proposed claim involving, in part, a plea for sexual harassment, more precisely the tort of harassment. The proposed class was 178 female uniformed officers of the Waterloo Police Service. The case failed for the primary reason that the proposed class members are or were all employees in the bargaining unit, based on the well established case law of Weber v Ontario Hydro. That aspect of the decision is not surprising. Even though the...

Representative Sexual Harassment Human Rights Claim

Human Rights Tribunals Only the statutes of Canada, British Columbia, Manitoba, N.W.T., Saskatchewan and Nunavut allow for a representative human rights complaint. A vivid example of the need for such reform on Ontario can be seen in a recent decision dealing with individuals suffering from a developmental disability. These persons had been a wage rate described as a “training honorarium” of $1 to $1.25 per hour. [1]  Other workers received the statutory minimum. The applicant did continue to receive the Ontario disability support payment while employed without offset. An award...

Civil Class Actions for Sexual Harassment

Careful Strategy As has been discussed elsewhere, there is no civil claim for sexual harassment in its purest form. The plaintiff must make use of the traditional torts such as assault, battery, the intentional infliction of mental suffering, to name the most popular forms of relief, to frame the case. The proposed claim must show a reasonable cause of action to pass the test for certification and hence must pay heed to the developing law on the use of tort claims to plead what is essentially sexual harassment by...