Ontario Severance

B. v. CTV

2018 ONSC 7497 (CanLII)Ontario Superior Court of JusticeDecided Human rights - Employment

Defamation vs Labour Jurisdiction: Weber Framework

Summary

This is an interlocutory proceeding concerning jurisdiction where a unionized employee sued their employer for defamation over news stories alleging sexual harassment. The employer argued the claim arose under the collective agreement and fell within the exclusive jurisdiction of a labour tribunal. The court applied the Weber framework, determining that the salacious nature of the public reporting exceeded the employment context, thereby granting the Superior Court jurisdiction to hear the defamation claim.

Outcome

Superior Court has jurisdiction; plaintiff awarded costs

Award

$17,499.13 in partial indemnity costs

Key Factors

  • jurisdiction
  • collective agreement
  • defamation
  • Weber framework
  • workplace harassment

Related Cases

M. v. Direct Coil Inc.

2026 ONSC 5369 (CanLII) · 2026-09-28

HRTO Judicial Review: Accommodation & WSIB

This is a judicial review of a Human Rights Tribunal of Ontario decision where the Tribunal had dismissed an application on a preliminary basis. The Divisional Court quashed the dismissal decision, finding the Tribunal unreasonably relied on a WSIB decision that did not address accommodation issues, thereby allowing the human rights application to proceed.

K. v. Ontario (Human Rights Tribunal)

2026 ONCA 653 (CanLII) · 2026-09-17

K. v. Ontario (Human Rights Tribunal): Leave to Appeal

This was a motion for leave to appeal to the Court of Appeal from a Divisional Court decision dismissing an application for judicial review of a Human Rights Tribunal of Ontario decision. The applicant, a forest firefighter, alleged discrimination because his employer did not provide vegan meals, arguing ethical veganism is a creed. The parties settled the claim while a preliminary hearing on the definition of creed was pending, but the Tribunal adjudicator, unaware of the settlement, ruled ethical veganism was not a creed. The Divisional Court dismissed the applicant's judicial review as moot due to the settlement. The Court of Appeal dismissed the motion for leave to appeal, holding the discretionary refusal to hear a moot case did not raise an arguable question of public importance.

S. v. Toronto Transit Commission

2026 ONSC 4170 (CanLII) · 2026-07-29

Human Rights: Mask Policy & Disability Accommodation

This case involves a human rights complaint alleging discrimination based on disability where the plaintiff claimed a migraine disorder required accommodation from a mandatory mask policy. The court found that no prima facie discrimination was established because the link between the migraine and mask intolerance was not proven, resulting in no duty to accommodate. Additionally, the plaintiff's constructive dismissal claim was dismissed as the refusal to comply with the essential masking term constituted repudiation by the employee, though the court awarded one week of sick leave for a promised coded sick week.

G. v. Unity Health Toronto et al.

2026 ONSC 3778 (CanLII) · 2026-06-29

HRTO Judicial Review: Procedural Fairness and Jurisdiction

The Divisional Court reviewed an application for judicial review of an HRTO decision that screened out a complaint for lack of jurisdiction. The court found the HRTO's determination that the allegations lacked a nexus to a Code protected ground was reasonable and that the tribunal's use of a written determination without an oral hearing did not deny procedural fairness.

B. v. Human Rights Tribunal of Ontario et al.

2026 ONSC 3624 (CanLII) · 2026-06-29

Judicial Review: Human Rights Tribunal Employment Decision

This is a judicial review of a Human Rights Tribunal of Ontario decision regarding employment-related human rights complaints. The Divisional Court reviewed allegations of sex discrimination, a poisoned work environment, and reprisal in the context of the applicant's termination during a probationary period. The Court applied the Vavilov standard of reasonableness to the Tribunal's findings that the employer had valid, non-discriminatory reasons for termination and that the workplace environment allegations were unsubstantiated.

More Ontario employment decisions from 2018

This summary was written by AI from the published decision and its headnote. It is not an official version of the decision; read the full text on CanLII before relying on it. This is legal information, not legal advice. Ontario Severance is an educational tool. If you are facing a serious employment law matter, consult with a qualified employment lawyer in Ontario.