Until recently it has remained unclear whether one could sue for the tort of harassment in Ontario. However, on February 28, 2017, the Ontario Superior Court of Justice (the “Court”) released its decision in Merrifield v The Attorney General (“Merrifield”), which held that an employee can successfully sue their employer for harassment, provided that the aggrieved employee satisfies a four part test. In Merrifield, not only did the plaintiff, Mr. Merrifield, sue his employer (the Royal Canadian Mounted Police, or the “RCMP”) for harassment, but he also sued for intentional infliction of mental suffering. Interestingly, in his harassment claim, Mr. Merrifield did not to allege harassment under any of the enumerated grounds in s. 5(2) of the Ontario Human Rights Code (i.e., race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status, or disability). One of the defendant’s positions was that no such right of action was recognized at law. The Court, in allowing the claim, agreed with Mr. Merrifield’s position that a right of action for harassment should be recognized, and awarded him a judgment of $100,000 for general damages as a result of the harassment so found.
For the balance of this Bulletin, please see Charity & NFP Law Bulletin No. 402.