As specialists in sexual violence prevention and trauma-informed care, VESTA is honoured to partner with Your Way Forward‘s expert employment lawyers to bring you guidance on workplace sexual harassment in Ontario. Drawing on VESTA’s expertise in addressing gender-based violence and Your Way Forward’s deep knowledge of employment law, this series provides essential information for Ontario workers navigating workplace sexual harassment. Our hope is that this collaborative approach combining trauma-informed support with practical legal guidance will help you understand your rights and options.
For immediate assistance, contact Your Way Forward’s legal team at 1-800-850-7882.
This post has been re-posted with permission. If you’d like to see the original post, click here.
Suppose you are experiencing sexual harassment at work, and have reported it to management and police to no avail. In that case, a peace bond may be what you need to ensure the person harassing you will suffer legal consequences if they continue to do so. That being said, obtaining a peace bond is not quick or easy.
A peace bond is a court order made by a Justice of the Peace which “any reasonable conditions to the recognizance that the justice or court considers desirable to secure the good conduct” of the person on which it is being imposed which could be a co-worker, customer or supervisor who is sexually harassing you [i].
The conditions imposed are based on the situation that led to the application and can include:
· keeping the peace and being of good behaviour;
· not contacting the person, their spouse, or child;
· not visiting the person, their spouse, or child;
· not calling the person on the phone;
· not writing letters or sending text messages;
· not posting about the person on social media;
· any other condition the Court considers desirable to prevent the harm[ii].
A peace bond is made based on a sworn statement made by the applicant under s.810 of the Criminal Code and is limited to 12 months in duration.
You can apply for a s.810 peace bond if you “fear that another person will cause injury to you, your spouse or your child, or will damage your property, or if you reasonably fear that someone will publish, distribute or sell an intimate image of you without your consent”.[iv]
Injury in this context includes psychological harm as well as physical.
A peace bond application form can be obtained from your local courthouse. You can also obtain on online by going to: https://www.ontariocourts.ca/ocj/files/guides/guide-peace-bond-EN.pdf and clicking on the “Peace Bond Application Form” link at the top of the page.
You can submit the application in person at the courthouse in the jurisdiction where the harassment took place. Here is a link to a website where you can find addresses and contact information for courts in Ontario: https://www.ontario.ca/locations/courts.
A Justice of the Peace (JOP) will review your application. If the JOP sees merit in the Application, they will send the matter to a hearing. A hearing notice will be issued by the court and needs to be served personally on the respondent(s). For your safety and for practical reasons I recommended that you hire a process server to be certain that the notice is properly served and who can provide an affidavit of service. The affidavit of service can be filed with the court.
Often on the first day the hearing is scheduled, you are placed on a criminal court list in a scheduling court. The purpose of that first appearance is to determine whether you are ready to proceed and, if so, to set the date for the hearing. The JOP may ask the Crown to assist if there is concern about the behaviour that gave rise to the application escalating.
Examples of evidence you can present in support of your application could include:
-police incident reports that describe any incidents that are relevant to your application.
-statements (sworn if possible) from anyone who witnessed the incidents in question;
-medical records, counselling records confirming injuries caused by actions of defendants;
It can also be of assistance to the court to prepare a brief outline for them of the facts and evidence you intend to present. The evidence you should gather depends on the specific circumstances that form the basis for your application. You can seek legal advice about this from your local Community Legal Clinic.
At the hearing, you will be asked to give oral testimony. The defendants will then be given a chance to ask you questions about your evidence. The defendants are also given a chance to give their evidence. Then you or the Crown will be given a chance to cross-examine them. At the end of the hearing, the parties can make submissions as to whether there was sufficient evidence to show that you have a reasonable basis to fear that the defendants will cause you personal injury, damage your property and/or share intimate images of you online. The decision is made on a “balance of probabilities” which means the JOP must determine whether it is more likely than not.
A Peace Bond should be enforceable by the police. If there is a breach in any of the conditions you should contact the police and report it. If the police officer you initially speak to doesn’t take your call seriously consider reaching out to a community legal clinic or to Victim Services for support. We recommend that you keep a copy of the peace bond on your person at all times.
There is additional information available for you for free online regarding how to obtain a peace bond including:
Ottawa Victim Services “Peace Bond Process” https://ovs-svo.com/wp-content/uploads/2024/03/Peace-Bond-Brochure.pdf
Canadian Resource Center for Victims of Crime “Peace Bonds” https://crcvc.ca/docs/peacebonds.pdf
Written by: Anne-Marie Langan
*Anne-Marie Langan B.A., B.S.W., LL.B., LL.M. is the project lead for the sexual violence projects at Peterborough Community Legal Centre, including the SHAPE project which provides legal advice and education for those experiencing sexual harassment in the workplace and the Your Way Forward project which provides support for those who have experienced intimate partner sexual violence. These projects are sponsored by the government of Canada’s Justice Department and Legal Aid Ontario. She can be reached directly at anne-marie.langan@ptbo-nogo.clcj.ca.
[i] Criminal Code (R.S.C., 1985, c. C-46) s.810(3.02).
[ii] Government of Canada, D. of J. (2021, July 7). Peace bonds fact sheet. Victims Right’s in Canada –. https://www.justice.gc.ca/eng/cj-jp/victims-victimes/factsheets-fiches/peace-paix.html
[iii] R. v. Siemens, 2012 ABPC 116 (CanLII), <https://canlii.ca/t/fr8d2>
[iv] Ontario Court of Justice. (n.d.). Guide for applying for a peace bond. Ontario Courts of Justice. https://www.ontariocourts.ca/ocj/files/guides/guide-peace-bond-EN.pdf at p.1.
[v] Western Law, C. L. S. (2023, August 3). Peace bond information package. Faculty of Law, Western University. https://law.uwo.ca/legal_clinics/community_legal_services/PDFs/Peace Bond Information Package for DRC – August 3, 2023.pdf
Disclaimer: This post contains general legal information as of October 21, 2024, that may or may not apply in a particular situation. It is important to note that the law, government policies and available programs can change and this blog will not be updated to reflect these changes. It is highly recommended to seek legal advice from a lawyer about your particular situation.
Vesta Community provides survivors:
Vesta Community provides partner community agencies:
Vesta Community provides partner law enforcement agencies:
Adopting Vesta Community promotes a more positive outcome for survivors and creates safer communities for all.
Vesta Social Innovation Technologies is a for profit social enterprise at the intersection of gender based violence work, technology and access to justice.
That means that we create creates technology that empowers sexual assault survivors, by lowering barriers to reporting, gives them access to resources and a safe space to document their experience while deciding if they want to file a formal complaint or report.
It means that we are working with community organizations to create a hub of online resources and in person support services for survivors.
It means we are working with local police services so survivors’ first interaction with the reporting process is on their own time and on their own terms.
It means we are bringing together local community partners so that there is a collaborative and comprehensive community response to reports of sexual assault.
It means we are doing the work so survivors don’t have to.
In ancient Rome, Vesta was the goddess known as the protector of the home and of all Roman citizens. She was rarely seen and was not usually depicted in human form, but in a fiery flame. In ancient Rome, Vesta’s followers, or maidens, were known protectors of Roman citizens and recognized mediators and negotiators of peace. In the 2020s, Vesta is the protector of survivors and their bridge to justice.
Social is our company’s orientation as we strive to make the world a safer and more inclusive place for all.
Innovation is evident in our commitment to fearlessly push boundaries and do things differently, whiling respecting those who came before us.
Technologies are how we will deliver change. By harnessing the latest technologies, we’ll create safe spaces that can be accessed by anyone.
No one heals in isolation, we heal with the help of others, and at VESTA, we want to be part of survivors’ community of healers and advocates for justice.
You can create a more complete Vesta report, by uploading videos, voice texts, emails, and social media posts. Depending on what you add, identifying information may be shared. We suggest you consider this if you want to remain anonymous. We suggest you do NOT add anything that can identify you, if you are worried about remaining anonymous. Save your Vesta report without any social media or other posts. Vesta Community will allow you to password protect your anonymous report without submitting it.
If you change your mind, and want to add more details or upload information, you can amend your saved Vesta report by entering your password and encryption key. To learn more about how Vesta protects and saves your report, click here.
If you decide to identify yourself, provide consent, your contact details and your preferred method of contact, and submit an online report to police, an officer will contact you using your preferred method of contact.
Together with the officer, you will decide if you want to speak with the officer at the police station or if you would prefer they come to you. Although different police services follow slightly different procedures, in general, you can expect the following:
The officer may also connect you to Victim Services in your area so they can assist you in providing immediate crisis, trauma and support services.
To find out more about police investigation process, click here.
If the sexual assault just happened, or you are in immediate danger, call 911.
Vesta Community is not a substitute for 911 but a tool to help survivors who are not in immediate danger; are undecided about whether they want to report; or they want to report anonymously.
You, and you alone, decide what happens next.
If you use the Vesta Community anonymously, your information will be aggregated or combined with other survivors descriptions. No investigation will be launched and no one will contact you. The information you shared anonymously will be combined with others, who have also shared their experience anonymously. The information you and others shared will be used to identify trends, hot spots or problem areas. No one, not even Vesta, will be able to identify you.
If you use the Vesta Community app, and you decide to submit a police report, you will need to identify yourself. You will be asked to provide consent, your contact details and your preferred method of contact. A police officer will contact you using your preferred method of contact. If you want to know what steps police will take after they contact you, you can find more information here. It’s important to know that if you change your mind and do not want to proceed, the officer will respect your wishes. It’s important to know that generally your wishes will be respected. However, in certain cases, for example, if a minor is in immediate danger, police have a duty to report.
If you use the Vesta Community app, and you want to connect with local counselling or support services, you will be asked to identify yourself so that they can reach out to you. After you provide your contact details, preferred method of contact and your consent, someone from a local service provider, like a sexual assault center, will contact you.
It’s important to know that the sexual assault center will attempt to contact you twice. If you do not respond or if you change your mind, they will respect your wishes and stop. You decide. You are in control.
No matter which option you chose, you decide, you are in control.
The simple answer is no. A common misconception is that your IP address can pinpoint your exact location. It’s not quite that simple.
When you sign up to use the internet, your Internet Service Provider (ISP), like Bell Canada or Rogers assigns you an IP address. Your IP address is similar to your mailing address, but for your computer, not you. The IP address routes internet traffic to your computer. To be clear, your IP address does not reveal your location. If someone was able to get your IP address they could learn a bit about your internet service, such as if you use Rogers or Bell, but they can’t locate you, your home, or your office.
In some circumstances they may locate the city you are in, or perhaps a nearby city, but they will not have your physical address. Internet Service Providers know where you are but they go to great lengths to protect you and your privacy. If someone had an IP address and called Bell or Rogers and asked them to provide who that address belongs to, they could not give them that information or they would be in violation of Canadian privacy legislation.
At Vesta Social Innovation Technologies, your privacy is a top priority. We follow a privacy principle called the principle of “least privilege.” That means we collect or track the least amount of information possible to make the system work. We do not need your IP address to make the Vesta Community app work, so we do not store it.
We also have robust, bank level security measures and processes in place. However, despite all our security measures, if our servers were hacked, the hackers would not find you or your IP address because we do not store it.
We do run Google Analytics on our website and for our privacy policy, click here.
The short answer is yes.
In Canada, there is no statute of limitations for sexual assault. If police are unable to locate an offender or opt not to press charges, that case will remain open and active.
If you report an incident of sexual assault, you are not obligated to move forward with a criminal case; however, you can still access support services to help with your recovery. Services include face-to-face counselling, legal and medical services, personal safety planning and public education. Unsolved sexual assault cases are never closed.
Vesta Community is a mobile friendly web application that uses technology to facilitate and enhance Third Party Reporting (TPR). Third Party Reporting (TPR) or anonymous reporting of sexual assault has been adopted in different forms by police services and community organizations across Canada. TPR is a process which allows adult survivors to access support and to report details of a sexual assault to police anonymously, through a designated community program or trusted intermediary.
The intent or purpose of TPR is to create an alternate route for survivors who feel marginalized or have a fear of police to access the system and support services. TPR is not a substitute for 911, nor is it a police investigation. The goal and hope is that by using anonymous reporting tools, like Vesta Community, folks who wouldn’t usually reach out to support or social services, connect with someone who can help them, even if they DO NOT WANT TO FILE A POLICE REPORT. Survivors can still access local or virtual support, even if they don’t want police to know their names. TPR can then lead to an official police complaint once the survivor feels comfortable with sharing their story, but it isn’t a requirement.
Anonymous reports can also benefit community organizations and the police. Sexual assault and other forms of gender based violence are severely under reported. Community organizations, including police, cannot allocate time or resources if they are not aware that a problem exists. Anonymous data will help them allocate proper resources.
Vesta Community draws on academic and primary research in anonymous reporting, written response protocols, trauma informed interviewing, third-party reporting protocols in Canada and innovative, digital solutions developed around the world. Different forms of anonymous reporting exist around the world. It has been called blind reporting, restricted reporting, or third party reporting.
Vesta Community was developed and continues to improve with feedback from survivors, researchers, frontline organizations and sexual assault centers in Ontario, Canada.
We consider privacy, security, and data privacy to be critical components of our solution and are at the foundation of everything we do. We incorporate Privacy and Security by Design in all we do.
All records transferred and stored within Vesta Community use bank-level TLS 2.0 and AES-256 encryption technology. This encryption works by taking plain text and converting it into random characters. Even if our system was hacked, all the hackers would see are random characters.
Vesta exceeds privacy and security requirements in Canada and abroad, including PIPEDA, PHIPA and more. Our innovation is a cloud based solution with data centers located in Canada that are ISO 27001, SOC 1 and SOC 2 certified.
Message from Our Founder
“VESTA began with a simple but powerful belief: survivors deserve tools that work for them, not against them. In 2025, thanks to new funding and community momentum, we deepened our partnerships and expanded access for marginalized groups. This is not just about reporting, it’s about reclaiming control.”
— Lucrezia Spagnolo, CEO & Founder
VESTA is a trauma-informed, survivor-led organization that builds resources and education for survivors of gender-based violence. We combine technology with expert services to inform, support and empower them.
Our mission is to significantly improve the lives of survivors of gender-based violence.
Our vision is to help build a world free from gender-based violence through education, empowerment, and systemic change.
Funding Success
In April 2025, WAGE (Women and Gender Equality Canada) awarded over $1.9M to support the Resilience in Action project, enhancing trauma-informed tech support for immigrant, refugee, and non‑status women experiencing intimate partner violence.
Growth & Expansion
Privacy, Security & Trust
Continued adherence to PIPEDA, PHIPA & CASL.
Survivor Reach & Outcomes
VESTA Community Pilot Success:
2025 Key Activities:
Founded: 2017 in Toronto, Canada
About our CEO and Founder: Lucrezia Spagnolo, ex‑Fortune 500 exec turned social entrepreneur.
Vision: To help build a world free from gender-based violence through education, empowerment, and systemic change.
Mission: To significantly improve the lives of survivors of gender-based violence.
Contact: impact@vestasit.com
Are you considering pursuing justice through the legal system but don’t know where to begin? You’re not alone. The legal justice system can be confusing and difficult to navigate. But there are services available that can help you by providing free, independent legal advice. Sometimes you just need to talk to a professional and know your options before going forward. Our Legal Aid section provides individually sourced legal services and specialized programs for survivors of domestic abuse, sexual assault, and other forms of violence. These services are available remotely or in-person based on region. If you have any questions, we encourage you to visit the websites provided to learn more.
Justice for Children and Youth (JFCY) is a leading expert on children’s rights.
JFCY provides legal representation to children and youth in the province of Ontario. They are a non-profit legal aid clinic that specializes in protecting the rights of those facing conflicts with the legal system, education, social service or mental health systems. They give summary legal advice, information and assistance to young people, parents (in education matters), professionals and community groups across Ontario.
Justice for Children and Youth (JFCY) has staff lawyers who represent and advocate for youth under 18 and unstably housed youth and youth with precarious immigration status under 25. If you have a legal problem or you have any questions you can contact them.
JFCY’s staff lawyers provide direct legal assistance in all areas of children’s law to eligible children and youth in the province of Ontario. In conjunction with legal assistance, we provide community outreach and public legal education. They also give summary legal advice, information and assistance to young people, professionals and community groups.
JFCY advocates for law and policy reform. They monitor and respond to current developments and proposed changes to the laws which affect children. A wide range of publications and legal materials are maintained for public use.
Do you know of any free legal services for survivors of gender-based violence? Let us know.
Legal Disclaimer:
Our website provides general information that is intended, but not guaranteed, to be correct and up-to-date. The information is not presented as a source of legal advice. You should not rely, for legal advice, on statements or representations made within the website or by any externally referenced Internet sites. If you need legal advice upon which you intend to rely in the course of your legal affairs, consult a competent, independent attorney. Vesta Social Innovation Technologies does not assume any responsibility for actions or non-actions taken by people who have visited this site, and no one shall be entitled to a claim for detrimental reliance on any information provided or expressed.
Technology is changing the way we live, work, and communicate. While it brings many benefits, it also comes with risks, especially for young people. One of the most concerning risks is Technology-Facilitated Gender-Based Violence (TFGBV), which uses digital tools to harm others, particularly women and girls. With the rise of Artificial Intelligence (AI) and other emerging technologies, TFGBV is becoming more complex and dangerous. As a parent, it’s important to understand how these technologies are being used for harm and what you can do to protect your children.
TFGBV refers to any act of violence that is committed, assisted, or made worse by the use of digital technologies. This includes online harassment, cyberstalking, doxxing (sharing someone’s personal information without consent), and the non-consensual sharing of intimate images (also known as revenge porn).With the rise of AI and emerging technologies, TFGBV has become more sophisticated and harder to detect. For example, AI can be used to create fake images or videos of someone, which can then be used to harass or blackmail them. This is why it’s crucial for parents to understand how these technologies work and how they can be used for harm.
While AI and emerging technologies are being used to perpetrate TFGBV, they can also be part of the solution. Here are some ways technology can be used to combat TFGBV:
As a parent, you play a crucial role in keeping your children safe online. Here are some practical steps you can take to protect them from TFGBV:
AI and emerging technologies are changing the way TFGBV is perpetrated, making it more sophisticated and harder to detect. As a parent, it’s important to understand these risks and take steps to protect your children. By talking to your kids about online safety, monitoring their online activity, and staying informed about new technologies, you can help keep them safe from TFGBV.Remember, technology can also be part of the solution. AI can be used to detect and prevent TFGBV, support survivors, and educate young people about online safety. By working together, we can create a safer digital world for everyone.
By taking these steps, you can help protect your children from the dangers of TFGBV and ensure they have a positive and safe experience online.
Technology-Facilitated Gender-Based Violence (TFGBV) is a growing concern, especially among young people who are active users of digital platforms. Recognizing the signs of TFGBV is crucial for protecting yourself and others. Here are some common signs to watch out for:
Technology-Facilitated Gender-Based Violence (TFGBV) is a serious issue that can have devastating effects on victims. By recognizing the signs and taking proactive steps to protect yourself, you can reduce your risk of becoming a victim. Remember, you’re not alone—there are resources and support systems available to help you navigate these challenges. Together, we can create safer digital spaces for everyone.
Technology has transformed the way we communicate, work, and socialize. However, it has also introduced new forms of gender-based violence (GBV) that exploit digital tools to harm individuals, particularly women and marginalized groups. Technology-Facilitated Gender-Based Violence (TFGBV) is a growing concern, especially among young people aged 18 to 24, who are often the most active users of digital platforms. This blog post will explain what TFGBV is, its various forms, and practical steps you can take to protect yourself from it.
TFGBV refers to any act of violence that is committed, assisted, or amplified by the use of digital technologies. This includes online harassment, cyberstalking, doxxing (sharing personal information without consent), non-consensual sharing of intimate images, and more. TFGBV is rooted in unequal gender norms and often targets women, girls, and LGBTQI+ individuals, but it can affect anyone.
Young people are particularly vulnerable to TFGBV because they are heavy users of digital platforms like social media, dating apps, and online gaming communities. These platforms can be breeding grounds for harassment, abuse, and exploitation. Additionally, young people may lack the digital literacy or awareness to recognize and respond to TFGBV effectively.
TFGBV can have severe consequences, including:
While TFGBV is a serious issue, there are steps you can take to protect yourself and reduce your risk of becoming a victim. Here are some practical tips:
Technology companies have a responsibility to create safer online spaces. Here’s what they can do:
Technology-Facilitated Gender-Based Violence (TFGBV) is a serious issue that affects millions of people worldwide, particularly young people. By understanding the risks and taking proactive steps to protect yourself, you can reduce your vulnerability to TFGBV. Remember, you’re not alone—there are resources and support systems available to help you navigate these challenges. Together, we can create safer digital spaces for everyone.
By staying informed and taking action, you can help combat TFGBV and protect yourself and others from its harmful effects.
Sources:
Unacceptable: Responding to Technology-Facilitated Gender-Based Violence
Digital Technology: A Double-Edged Sword in Technology-Facilitated Gender-Based Violence
An Infographic Guide to Technology-facilitated Gender-based Violence (TFGBV)
As specialists in sexual violence prevention and trauma-informed care, VESTA is honoured to partner with Your Way Forward‘s expert employment lawyers to bring you guidance on workplace sexual harassment in Ontario. Drawing on VESTA’s expertise in addressing gender-based violence and Your Way Forward’s deep knowledge of employment law, this series provides essential information for Ontario workers navigating workplace sexual harassment. Our hope is that this collaborative approach combining trauma-informed support with practical legal guidance will help you understand your rights and options.
For immediate assistance, contact Your Way Forward’s legal team at 1-800-850-7882.
This post has been re-posted with permission. If you’d like to see the original post, click here.
Every person has the right to be free from sexual harassment in the workplace. Ontario’s Human Rights Code states, ” Every employee has a right to freedom from harassment in the workplace because of sex, sexual orientation, gender identity or gender expression by his or her employer or agent of the employer or by another employee.”[I]
Likewise, for Federal workplaces, the Canadian Human Rights Act establishes that “It is a discriminatory practice, … (c) in matters related to employment, to harass an individual on a prohibited ground of discrimination”[ii] and clarifies that sexual harassment qualifies as harassment.[iii] The Act also specifies that gender identity and gender expression are prohibited grounds of discrimination.[iv]
Gender-diverse individuals were first included in the Code with the passing of Bill 33[v] and in the Act with the passing of Bill C-16.[vi] Individuals who experience sexual harassment in the workplace can bring an action before the Human Rights Tribunal of Ontario or the Canadian Human Rights Tribunal, depending on their place of employment. If the industry in which an individual works is federally regulated, such as airlines or banks, then the individual files an application with the CHRT. Otherwise, they file with the HRTO. A fuller list of federally regulated industries and workplaces can be found here. To learn more about workplace sexual harassment before the HRTO, see my previous post here.
The question becomes, then, what constitutes sexual harassment towards gender-diverse individuals? Does it differ from sexual harassment towards cisgender individuals? Are there aspects of sexual harassment that affect gender-diverse individuals more frequently than cisgender individuals? While sexual touching, commentary, and solicitation are frequent forms of harassment for both gender-diverse and cisgender individuals, misgendering and deadnaming are far less likely to be directed at cisgender individuals. These actions are sexual harassment and are demeaning to an individual’s dignity. They have no place in the workplace.
In Bilac v. Abbey, Currie and NC Tractor Services Inc., 2023 CHRT 43, the CHRT found an employee of a trucking company and their employer discriminated against their co-worker/employee, Mr. Bilac, by misgendering and deadnaming him, engaging in transphobic comments, and even asking him which bathroom he used (despite there being only one washroom in the workplace).[vii] In that case, the CHRT awarded damages to Mr. Bilac in the amount of $15,000 for pain and suffering ($12,000 against the employer and $3,000 against the co-worker), and $3,000 in special damages.[viii] As special damages are punitive in nature, the Tribunal may choose to award them in cases where the discriminatory conduct is deliberate, whether wilful or reckless.[ix] In this case, the Tribunal awarded damages as the employer, during Mr. Bilac’s employment and the Tribunal process, continuously misgendered and deadnamed Mr. Bilac, which the Tribunal found to be reckless.[x]
Everybody deserves respect in their place of work. As the Tribunal held “Employers should not expect trans employees to conceal their trans identities while at work, or as a condition of work..”[xi] For more information about your legal rights in this regard, please contact us at www.shapeyourworkplace.ca
Written by: Matthew Benoit
Matthew Benoit grew up in St. Thomas, Ontario. He received his law degree at the University of Toronto after receiving an HBA and an MA in English at Wilfrid Laurier University and Lakehead University, respectively. He was awarded Lakehead University President’s Award for his academic accomplishment, community service, and contribution to the welfare of the university. His areas of academic interest are comics, Indigenous literature, literary theory, ludonarratives, Medieval and Early Modern literature, and science fiction. His areas of legal interest are administrative, constitutional, and criminal law. He is currently articling at the Northumberland Community Legal Centre and previously summered at the Middlesex County Crown Attorney’s Office. He enjoys academic writing, hiking, gaming, fencing, tennis, and weightlifting.
Disclaimer: This post contains general legal information as of November 20, 2024, that may or may not apply in a particular situation. It is important to note that the law, government policies and available programs can change, and this blog will not be updated to reflect these changes. It is highly recommended to seek legal advice from a lawyer about your particular situation.
[i] Human Rights Code, RSO 1990, c H 19 at § 7 (2).
[ii] Canadian Human Rights Act, RSC 1985, c H-6 at § 14 (1) (c) [CHRA].
[iii] Ibid, at § 14 (2).
[iv] Ibid, at § 3 (1).
[v] Bill 33, Toby’s Act (Right to be Free from Discrimination and Harassment Because of Gender Identity or Gender Expression), 2012, 1st Sess, 40th Leg, Ontario, 2012 (assented to 19 June 2012).
[vi] Bill C-15, An Act to amend the Canadian Human Rights Act and the Criminal Code, 1st Sess, 42nd Parl, 2017 (assented to 19 June 2017).
[vii] Bilac v. Abbey, Currie and NC Tractor Services Inc., 2023 CHRT 43 at paras 42-53 [Bilac]
[viii] Ibid, at para 195.
[ix] CHRA at § 53 (3).
[x] Bilac at para 171.
[xi] Ibid, at para 173.
As specialists in sexual violence prevention and trauma-informed care, VESTA is honoured to partner with Your Way Forward‘s expert employment lawyers to bring you guidance on workplace sexual harassment in Ontario. Drawing on VESTA’s expertise in addressing gender-based violence and Your Way Forward’s deep knowledge of employment law, this series provides essential information for Ontario workers navigating workplace sexual harassment. Our hope is that this collaborative approach combining trauma-informed support with practical legal guidance will help you understand your rights and options.
For immediate assistance, contact Your Way Forward’s legal team at 1-800-850-7882.
This post has been re-posted with permission. If you’d like to see the original post, click here.
Real estate can be a challenging area to work in. The industry frequently presents risky situations to workers, who may feel required to engage with these situations as “part of the job.” Agents are commonly expected to meet with clients, who are often strangers, alone in homes that could be secluded or lack cell reception. This, in particular, poses dangers to women in the industry. This can be compounded by sexual harassment that occurs in the professional environment as well.
Sexual harassment in the workplace often occurs in situations of an unequal distribution of power. Workers are harassed by their supervisors, and because of the imbalance of power between these two positions, they often feel powerless to safeguard their rights or address the issue. This is especially heightened in situations where supervisors also perform a mentorship role. This is often the case in real estate, where senior members of a firm or agency often train and mentor newer workers.
In Panucci v. Seller’s Choice Stockdale Realty Ltd., 2015 HRTO 1579, the Human Rights Tribunal of Ontario (HRTO) found that a salesperson working under a broker of record at a real estate brokerage firm was discriminated against and harassed. She worked for the firm from 2007 to 2012, and she enjoyed a professional and respectful relationship for much of that time. However, beginning in late 2011 or early 2012, she began to receive commentary about her looks from her supervising broker. He also began to impose physical contact on her, hugging her and, on one occasion, caressing her in a dimly lit room. After she confronted the broker about his conduct, their work relationship turned frosty, and he stopped assisting her with getting new listings or providing her with much guidance. In that case, the Tribunal ordered the firm to pay $15,000 to Ms. Panucci for violating her inherent right to be free from discrimination and for injury to dignity, feelings and self-respect. The Tribunal also ordered the firm to develop and implement a policy for preventing and addressing sexual harassment in the workplace.
Where conduct by supervisors crosses the line into harassment, so supervisees should feel comfortable addressing the conduct directly, setting personal boundaries, and reporting behaviour. Workers should also be cared for during the investigation and remediation of sexual harassment complaints. Likewise, supervisors should be careful to avoid behaviours that might make their supervisees uncomfortable. They should be mindful of how their behaviour might affect workers and vigilant for any signs of worker discomfort. An open and responsive conversation where such a situation arises inadvertently can give all parties peace of mind and avoid the consequences of potential litigation.
Written by: Matthew Benoit
*Matthew Benoit grew up in St. Thomas, Ontario. He received his law degree at the University of Toronto after receiving an HBA and an MA in English at Wilfrid Laurier University and Lakehead University, respectively. He was awarded Lakehead University President’s Award for his academic accomplishment, community service, and contribution to the university’s welfare. His academic interests include comics, Indigenous literature, literary theory, ludo-narratives, Medieval and Early Modern literature, and science fiction. His areas of legal interest are administrative, constitutional, and criminal law. He is articling at the Northumberland Community Legal Centre and previously summered at the Middlesex County Crown Attorney’s Office. He enjoys academic writing, hiking, gaming, fencing, tennis, and weightlifting.
Disclaimer: This post contains general legal information as of January 21, 2025, that may or may not apply in a particular situation. It is important to note that the law, government policies and available programs can change, and this blog will not be updated to reflect these changes. It is highly recommended to seek legal advice from a lawyer about your particular situation.
