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harassment

By | 6 Minutes Read

The tort of internet harassment: A new tort with an extraordinary remedy

In a landmark decision in Caplan v. Atas, 2021 ONSC 670 (the “Decision”), the Superior Court of Justice recognized the common law tort of internet harassment—proclaiming itself the first common law court outside of the U.S. to recognize the tort.

By | 4 Minutes Read

Morningstar: Divisional Court finds constructive dismissal claim not statute-barred

A couple of years ago, the Workplace Safety and Insurance Appeals Tribunal ("WSIAT") statute-barred a constructive dismissal claim for chronic mental stress arising from a poisoned work environment, along with claims for aggravated, moral and punitive damages, which meant that employees would not be able to pursue such claims before the courts.

By | 4 Minutes Read

Constructive dismissal update: Employee claiming damages for workplace harassment barred from commencing court action

If this case is upheld on appeal, this decision suggests that if an employee quits because of workplace harassment, then the employee will not be able to bring a constructive dismissal in the courts in some cases.

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