Court refuses small-town mayor’s OHSA-based request for injunction prohibiting resident from harassing her

An Ontario judge has rebuffed a small-town mayor’s attempt to use the Occupational Health and Safety Act‘s violence and harassment provisions to obtain a court order stopping a town resident from harassing her.

The mayor claimed that the resident had engaged in workplace harassment and violence, contrary to the OHSA, by sending her numerous “increasingly abrasive” letters and emails in which he made pejorative statements about the mayor and made comments about the “unprofessional conduct” of the town. The resident was apparently “interested in horticulture and town beautification” and had concerns about the management of the town’s affairs.

The court decided that the evidence did not support a finding that workplace violence had occurred.  There was just one allegation that the resident had verbally harassed the mayor during an encounter at the town health unit, where the mayor held a full-time job, in 2014.  Also, the judge stated that it was doubtful that the harassment policy or the OHSA’s harassment provisions were ever intended to apply to persons who are not part of the “workplace”.  The judge decided that in this case, the resident was not a coworker, so the harassment policy did not apply to his actions.

The mayor and the town were therefore not entitled to an “injunction” order from the court prohibiting the resident from communicating with, harassing or publishing any information about the mayor or any other town councillor or employee.

Rainy River v Olsen, 2016 ONSC 8009 (CanLII)

Adrian Miedema

About Adrian Miedema

Adrian is a partner in the Toronto Employment group of Dentons Canada LLP. He advises and represents public- and private-sector employers in employment, health and safety and human rights matters. He appears before employment tribunals and all levels of the Ontario courts on behalf of employers. He also advises employers on strategic and risk management considerations in employment policy and contracts.

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