The appellant, a woman of colour, sued her former employer for constructive dismissal, alleging racial discrimination.
The motions judge struck paragraphs of her statement of claim that alleged systemic discrimination against employees of colour, holding that only discriminatory acts directed specifically at the appellant could be pleaded.
The Court of Appeal allowed the appeal, finding no principled basis to distinguish between direct discrimination and systemic discrimination for the purpose of pleading discriminatory conduct to support a wrongful dismissal claim.
