Ontario Severance

B. v. General Motors of Canada Ltd.

1998 CanLII 7151 (ON CA)Court of Appeal for OntarioDecided Workplace discrimination

Wrongful Dismissal: Sexual Harassment & After-Acquired Evidence

Appeal history

Summary

This is an appeal from a wrongful dismissal decision involving a supervisory employee terminated for cause following multiple complaints of sexual harassment. The Court of Appeal addressed whether the employer was justified in terminating the employee for pervasive and inappropriate conduct, and whether the trial judge erred by refusing to consider after-acquired evidence of misconduct. The court affirmed that supervisors are held to higher standards to ensure a harassment-free workplace and that employers may rely on evidence discovered after termination to justify dismissal for cause.

Outcome

employer's appeal allowed; action dismissed

Key Factors

  • wrongful dismissal
  • sexual harassment
  • termination for cause
  • after-acquired evidence
  • supervisory duty

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More Ontario employment decisions from the 1990s

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.