Peter Annis

The appellant appealed an order dismissing her action on the grounds that her re-amended statement of claim was verbose, pleaded evidence, attempted to re-litigate matters finally disposed of, and was an abuse of process.

The appellant also brought a preliminary motion to strike the respondents' affidavits because they were sworn by associates in the same law firms as counsel.

The Court of Appeal dismissed the preliminary motion, finding the affidavits dealt with facts already on the record.

The Court also dismissed the appeal, agreeing with the motion judge that the underlying basis for the appellant's claims—the trustee's right to proceed with the sale of the matrimonial home after the husband's discharge from bankruptcy—had been conclusively determined in earlier proceedings.

The respondent was dismissed from his position as executive director of the appellant association for sexually harassing female employees.

The trial judge found that the conduct occurred outside the workplace and was consensual, concluding there was no just cause for dismissal.

On appeal, the Court of Appeal overturned the trial judge's decision, finding that the trial judge failed to account for the power imbalance between a supervisor and employees, and erred in characterizing work-related social events as outside the workplace.

The Court held that the respondent's pattern of sexually harassing conduct created an intolerable work environment and constituted just cause for dismissal.