Articles 2023

The #metoo movement has crystallized the need for employers to actively mitigate the risk of sexual harassment and discrimination class actions. The flood of sexual harassment class actions in the U.S. demonstrates the urgency of this issue. In this article, the authors identify trends emerging from U.S. sexual harassment and discrimination class actions which are or could be making their way to Canada; and they identify lessons learned and proactive advice for employers.

In its recent decision in Watson v. The Governing Council of the Salvation Army of Canada, the Ontario Superior Court of Justice found that sexual harassment, intimidation and other "improper conduct" at work were not connected to employment. Inna Koldorf reviews this decision, highlighting the implications for employers.

This article examines the court's analysis on the legal status of a frozen embryo in a recent Ontario decision. In the S.H. v. D.H. decision, a divorcing couple with no genetic connection to a frozen embryo (but a son with such a connection) invited the court to dispose of a contentious issue. This analysis from Lisa Feldstein looks at how the court ultimately resolved the issue and the factors and case law they considered along the way.

This article examines recent changes impacting the Regulated Health Professions Act. The changes, which came into effect in May 2018, include additional self-reporting obligations for health professionals, new information to be posted to the Public Register and details regarding the expanded definition of "patient" for the purposes of sexual abuse provisions.