What is the basis in law for the remaining claim?

Ontario, Canada


The following excerpt is from Kotlarz v. Canada (Attorney General), 2004 CanLII 34328 (ON SC):

With respect to the basis in law for the remaining claim, I am satisfied that the relationship between employer and employee in this case is sufficiently proximate and the harm sufficiently foreseeable to found a prima facie duty of care on the part of the employer. There does not appear to be a sufficient basis to declare as a matter of policy that the employer need not disclose to its employee whether or not a complaint of racial discrimination or sexual harassment has been made, when requested by counsel for the purpose of determining whether or not to give notice of libel to a newspaper which might have published a false allegation against the defendant’s employee regarding circumstances arising out of the employment relation. See Cooper v. Hobart, [2001] R.C.S. 537 at 551. The claim when amended will therefore survive the Rule 21 challenge that there is no basis in law for it.

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