Special thanks to our articling student Ravneet Minhas for contributing to this update.

The Alberta Court of King’s Bench recently became the first Canadian province to recognize the tort of harassment. This development is notable in the face of recent case law out of both British Columbia and Ontario that has declined to recognize a general tort of harassment.  

For example, the Ontario Court of Appeal in Merrifield v Canada (Attorney General), 2019 ONCA 205 overturned the finding of a trial judge who found that the tort of harassment existed in Ontario. The Court’s analysis explained that significant changes to the law should be left to the legislature, and the role of the courts is only to make incremental changes to the law. Similarly, British Columbia courts have also resisted recognizing the tort of harassment (Stein v Waddell2020 BCSC 253Anderson v Double M Construction Ltd2021 BCSC 1473). 

The recognition of a general tort of harassment by the Alberta Court of King’s Bench, coupled with case law post-dating Merrifield[1], may lead other Canadian courts to rethink their position on this issue. As discussed further below, Justice Feasby in Alberta Health Services v Johnston2023 ABKB 209, recognized the tort on the basis that the harm in question could not be adequately addressed by any existing torts (Nevsun Resources Ltd v Araya2020 SCC 5 at para 123). As such, where the facts of a case demand the creation of a novel legal remedy, other Canadian courts may recognize a similar tort of harassment.

Alberta Establishes a Tort of Harassment

In Alberta Health Services v Johnston, Alberta Health Services (AHS) and two of its senior employees sued Mr. Johnston for defamation, invasion of privacy, assault and harassment. Mr. Johnston, an online talk show host and mayoral candidate, used his talk show to frequently criticize the AHS’s response to the COVID-19 pandemic. He repeatedly alleged an intention to prosecute AHS employees for “heinous crimes”, and stated that his goal was to “bankrupt AHS members”. He further referred to the AHS as Nazis and suggested that they should be subject to violent attacks. He particularly targeted one AHS employee, Ms. Nunn, by sharing photos from her social media accounts, attacking her family and alleging that she was an alcoholic. 

The Court awarded Ms. Nunn $300,000 in general damages for defamation, $100,000 in general damages for harassment, and $250,000 in aggravated damages. While the Court held that AHS was not eligible for damages, both Ms. Nunn and AHS were granted permanent injunctions restraining Mr. Johnston. 

In recognizing the tort of harassment, Justice Feasby canvassed the existing case law across the country and found that no existing torts squarely addressed the harms caused by the harassment. He found that while defamation and assault share some elements with harassment, they fall short of clearly addressing the type of harm suffered by Ms. Nunn. Similarly, the new privacy torts only address harassment where there is a reasonable expectation of privacy. 

Justice Feasby also noted that the recognition of the tort was merely a reflection of what Alberta courts have already been doing in the context of granting restraining orders.

In his decision, Justice Feasby defined the tort of harassment to exist where a defendant has: 

  1. Engaged in repeated communications, threats, insults, stalking, or other harassing behaviour in person or through other means;
  2. That he knew or ought to have known was unwelcome;
  3. Which impugn the dignity of the plaintiff, would cause a reasonable person to fear for her safety or the safety of her loved ones, or could foreseeably cause emotional distress; and
  4. Caused harm.

Continue Reading An Emerging Tort of Harassment in Canada?

Special thanks to our former summer associate Thanusa Sounthararajah for contributing to this update.

On July 1, 2023, the Employment Standards Act, 2000 (“ESA“), was amended to require temporary help agencies (“THAs“) and recruiters to obtain a license to operate in Ontario as of January 1, 2024. In addition, the Ontario

Special thanks to our summer associate Keyonna Trojcak for contributing to this blog.

On July 1, 2023, Ontario implemented a number of amendments to Regulation 854 – Mines and Mining Plants under Ontario’s Occupational Health and Safety Act. Effective September 1, 2023, additional requirements will take effect.

The Regulation has and will create many new safety obligations for employers in Ontario’s mining industry, and will increase the requirements for safety policies and procedures in mining operations across Ontario. You can find the newest version of the Regulation with all of the changes here.

Summary of Key Changes Effective July 1, 2023

  • Flammable Hazards: Oil, grease and flammable liquids must be stored or transported in metal containers, receptacles or portable containers or safety cans that are government-approved when being used underground.
  • Ladderways: Where a worker could fall more than three meters, a ladderway should be fixed in place with a safety cage and a protective device to prevent the worker from falling. Furthermore, if a ladderway is seven meters or longer and at an angle step greater than 70 degrees, the ladderway needs to have platforms at intervals not greater than seven meters.
  • Mine Design: Mine designs must now be prepared under the direction of an engineer, instead of a “competent person.” Mine designs will also be required to describe both the geology and geotechnical aspects of the mine.
  • Power Sources: Independently powered conveyances used instead of a ladderway must have a source of power that is independent of the main power source of the mine, and must be capable of safely transferring persons through the shaft to a location they can use to safely exit the shaft. These must be readily available for use.

Continue Reading Digging into the Amended Ontario Occupational Health and Safety Act Mining Regulation

Special thanks to our summer associate Daniel Dai for contributing to this update.

British Columbia’s Pay Transparency Act, which received royal assent on May 11, 2023, imposes pay disclosure and reporting obligations on both public and private sector employers to address systemic discrimination in the workplace. It is the latest in a series of new pay transparency laws across Canada.

This push for more transparency to bridge the pay gap for historically disadvantaged groups is a global trend. In the United States, 8 states, including California, Colorado and Washington, along with cities like New York City, have recently adopted salary disclosure laws. There is also pending legislation at the federal level—the Salary Transparency Act—that would require all job postings to include the wage or wage range for a position. Similarly, the European Parliament approved the Pay Transparency Directive in March 2023, which is set to enter into force in 2024. Among other things, this Directive establishes a right to certain pay information and imposes pre-employment pay disclosure obligations on both public and private sector EU employers.

Recent Canadian Developments

Continue Reading The Legislative Push for Pay Transparency in Canada Mirrors Global Trend

Special thanks to authors Arlan Gates and Justine Johnston.

The Canadian Competition Act was recently amended to, among other things, criminalize wage-fixing and no-poach agreements between unaffiliated employers1. Following a one-year grace period that permitted Canadian employers to ensure they are in compliance, the criminal prohibition will come into effect on June

With special thanks to our presenters Benjamin Ho (United States),  Matías Herrero (Argentina), Leticia Ribeiro (Trench Rossi Watanabe, Sao Paulo*), Maria Cecilia Reyes (Colombia) and Liliana Hernandez-Salgado (Mexico).

In this session, US-based multinational employers with business operations in the Americas region hear directly from Benjamin Ho and local practitioners on the major developments they

Special thanks to co-authors Julia Webster and Jing Xu, and contributor Oscar Ramirez (articling student in our Toronto office).

This article provides an overview of the global rise in human and labor rights legislation linked to trade measures and how this impacts the consumer goods and retail industry.

We examine:

  • Canada’s efforts to

We are pleased to share a recent Canadian HR Reporter article, “What do employers in Quebec need to know about new OHS rules?,” with insight from Ajanthana Anandarajah.

The article discusses new rules and policies employers need to follow now that remote workers are legally recognized in Quebec. Updates include remote work recognition, new hazard

Special thanks to co-authors, Krissy Katzenstein, Brad Newman, Robin J. Samuel, and Julia Wilson.

Amid recent hype around ChatGPT and generative artificial intelligence (AI), many are eager to harness the technology’s increasingly sophisticated potential.

However, findings from Baker McKenzie’s 2022 North America AI survey indicate that business leaders may currently underappreciate AI-related

Join us for a four-part webinar series as our US moderators welcome colleagues from around the globe to share the latest labor and employment law updates and trends. US-based multinational employers with business operations in Asia Pacific, Europe, the Middle East and Africa, and the Americas regions will hear directly from local practitioners on the