Can an individual be liable for reprisal?

Ontario, Canada


The following excerpt is from DT v Ottawa Catholic School Board, 2018 HRTO 1442 (CanLII):

I adopt the reasoning in Redman v. Sunnybrook School Limited, 2013 HRTO 1508 at para. 11: It is unknown at this stage in the proceeding whether a finding of liability will be made on the reprisal allegation and a remedy awarded. Reprisal is similar to an allegation of harassment in that individual conduct and a potential remedy against the individual are important issues, despite the fact that a corporate respondent may assume liability for the individual’s conduct. Where an individual’s conduct is central to the allegations of discrimination such that an individual remedy could be awarded, there are compelling reasons to continue the proceeding against the individual respondent.

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