The Merrifield vs. Canada Case

The Ontario Court of Appeal recently confirmed in Merrifield v. Canada (Attorney General) (“Merrifield”) that there is no freestanding tort of harassment. A tort is a civil wrong that can give rise to an action for damages against the wrongdoer. The Court of Appeal’s decision in Merrifield confirms that – at least in Ontario – harassment is not a civil wrong in and of itself; therefore, Mr. Merrifield could not sue his employer for damages in tort for the alleged workplace harassment. While t...