Frivolous Claims — Ontario Employment Law

In Ontario employment law, a "frivolous" claim is not simply a weak case or an argument that loses at trial. Rather, it is a legal action that is entirely devoid of merit, lacks a rational factual foundation, or is legally impossible to win. Under Rule 2.1 of the Ontario Rules of Civil Procedure, courts have a streamlined mechanism to quickly dismiss claims or counterclaims that are frivolous, vexatious, or an abuse of the court's process, saving both the justice system and the parties from draining time and resources on baseless litigation.

Frivolous claims in the workplace context can surface from either employees or employers. For an employee, a claim is often deemed frivolous if it attempts to pursue a legal remedy in the wrong venue. For example, unionized workers who try to sue their employers or unions for wrongful dismissal in civil court often have their lawsuits dismissed as frivolous, because the Ontario Labour Relations Board (OLRB) and grievance arbitrators hold exclusive jurisdiction over collective agreements. Similarly, attempts to sue an employer in civil court for a workplace injury are usually struck down swiftly because the Workplace Safety and Insurance Act (WSIA) mandates that such claims must go through the WSIB.

Occasionally, employees file claims containing wild, unsubstantiated allegations—such as widespread corporate conspiracies or fraud—without any factual basis. Ontario courts will strike these down as vexatious early in the process.

Employers, however, are also guilty of advancing frivolous claims. A common tactic is for a company to file a meritless counterclaim against a fired employee who just sued for unpaid severance. The employer might allege vague "breaches of duty" or "loss of profits" simply to intimidate the worker into accepting a lowball settlement. When Ontario judges encounter this type of inappropriate litigation conduct, they frequently penalize the employer by awarding substantial legal costs to the employee.

Because the line between a novel legal argument and a frivolous one can sometimes blur—and because pursuing a claim in the wrong forum can lead to devastating financial penalties—having an Ontario employment lawyer evaluate the viability of a case before filing is a vital step.