Ontario court refuses appeal over workers’ right to sue for wrongful dismissal in cases of chronic stress

By Julius Melnitzer | February 22, 2022

The Ontario Court of Appeal has refused to consider an appeal from an Ontario Divisional Court judgement that affirmed employees’ right to sue for wrongful and constructive dismissal in the civil courts in cases of chronic mental stress arising from workplace harassment.

“The case makes it very difficult for human resources professionals to give definitive advice to employers or employees because there are now three different forums where employees can seek relief — the Workplace Safety and Insurance Appeals Tribunal, the Ontario Human Rights Commission and the courts,” says Carissa Tanzola, a management-side partner at labour and employment boutique Filion Wakely Thorup Angeletti LLP, who wasn’t involved in the case. “But the uncertainty could encourage settlements because it creates greater risk for all parties.”