Canada Case Law

Safavi-Naini v. Rubin Thomlinson LLP

Court

Court of Appeal for Ontario

The Court concluded the Executive Summaries addressed issues of public interest (sexual/workplace harassment at a public medical school, media attention, and patient‑safety concerns), the respondents had a statutory and institutional duty to investigate and report to NOSM which attracted qualified privilege, there was no evidence of malice to defeat that privilege, and the public‑interest balancing under s.137.1(4)(b) favoured protecting the expressions and dismissing the defamation proceeding.

Source excerpt

• Section 137.1 courts of justice act
• Qualified privilege
• Malice
• Public interest balancing
• Occupational health and safety act investigatory duties

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Creelman v. Canada (Attorney General)

Court

Federal Court

The Federal Court found the inmate grievance decision reasonable and dismissed judicial review, holding the harassment findings and record-based analysis were justified.

• Grievance process
• Definition of harassment
• Procedural fairness
• Standard of review (reasonableness)
• Admissibility of evidence
• Judicial-review

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Langton v. Faculty Association of the University of British Columbia

Court

Supreme Court of British Columbia

The court dismissed Dr. Langton’s petition for indemnity and oppression relief, holding the harassment complaint was not a “liability action” under the Association policy.

• Indemnity
• Oppression remedy
• Director indemnification
• Workplace harassment investigation
• Statutory interpretation
• Oppression-remedy

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Canada (Information Commissioner) v. Canada (Minister of Citizenship and Immigration)

Court

Federal Court

Judicial review over access-to-information exemptions and privacy exclusions concerning TLS interview notes from a workplace review at CPC Vegreville.

• Access to information act s.19 and s.20
• Privacy act s.3(j) and s.8
• Confidentiality of consultant interview notes
• Disclosure of identities of interviewees
• Access-to-information
• Privacy-act

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