In AG Growth International Inc v Dupont ( 2021 ABQB) Justice Little, sitting on appeal from a decision of the Provincial Court found that the trial judge had made a error of law when he failed to begin his analysis of the actions of the Plaintiff by starting with the premise that a sexual assault is automatically at the high end misconduct.
In the recent Ontario Superior Court decision Render v. ThyssenKrupp Elevator, Master Andrew Graham found that an employee who claimed that a co-worker sexually harassed her could be granted intervener status at the co-worker’s trial for wrongful dismissal.
To gauge the civility of an organization’s culture, adequate policies and training are not enough. The behavior and accountability of top leadership play a key role. You can’t delegate ethics. And it seems the "Weinstein Clause" indicates that boards are finally beginning to understand that.