Stokes -and- St. Clair College
Wrongful Dismissal and Human Rights Code: Accommodation and Personal Liability
Summary
A wrongful dismissal case where the plaintiff alleged failure to accommodate a medical condition under the Human Rights Code. The court addressed whether a claim under section 46.1 of the Human Rights Code can be advanced alongside a wrongful dismissal claim, and whether corporate officers can be personally liable for tortious conduct or breach of contract under the Code.
Outcome
The pleadings were found to be properly pleaded and not frivolous, and the court confirmed that section 46.1 claims can be pursued alongside other wrongs.
Key Factors
- wrongful dismissal
- human rights code
- failure to accommodate
- personal liability of corporate officers
- pleadings not frivolous
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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.