Lee v. Magna International Inc.
Lee v. Magna: Negligent Workplace Investigation Appeal
Summary
This is an appeal from a motion judge's decision refusing leave to amend a statement of claim in a wrongful dismissal action. The appellant sought to add allegations of gross negligence and breach of statutory duty against the employer's directors and officers for failing to ensure compliance with the Occupational Health and Safety Act during workplace harassment investigations. The Court of Appeal upheld the refusal, finding that no tort of negligent investigation exists in Ontario and that breach of statutory duty does not give rise to tort liability.
Outcome
appeal dismissed
Key Factors
- constructive dismissal
- negligent workplace investigation
- gross negligence
- breach of statutory duty
- leave to amend pleadings
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