Tort Claims for “Sexual Harassment”

A claim may be in tort for conduct which is, in essence, sexual harassment. There is no specific tort under this head, but torts such as the intentional infliction of mental suffering, assault, battery, negligence and breach of fiduciary duty have been used with success. The more popular of these torts is assault and battery, followed by the intentional infliction of mental harm.

The issue of the liability of the employer on the basis of strict liability, that is, vicarious liability, is reviewed here.

As noted, Ontario is unique as its legislation by s. 46.1 allows a civil claim to enforce a human rights obligation, provided that there is a companion action.

These claims are considered in the tort claims described in detail here. 

See tort claims of the intentional infliction of emotional suffering, and assault and battery.

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