Best Sexual Harassment Lawyers in Oakville

About Sexual Harassment Law in Oakville, Canada

Sexual harassment is unlawful in Oakville and across Ontario. It is treated as a form of sex discrimination under the Ontario Human Rights Code, and it is also addressed by workplace safety laws under the Occupational Health and Safety Act. Some conduct connected to sexual harassment can also be criminal under the Criminal Code of Canada, including sexual assault, criminal harassment, voyeurism, and distributing intimate images without consent. People in Oakville are protected in workplaces, schools, housing, and when receiving services such as banking, retail, health care, and public services.

Sexual harassment includes unwelcome sexualized comments or jokes, requests for sexual favors, sexual advances by a person in authority, displays of sexual materials, non-consensual touching, and any gender-based conduct that creates a hostile or poisoned environment. One severe incident can be enough to be harassment, and repeated smaller incidents can add up to harassment.

Why You May Need a Lawyer

Many people can resolve an issue internally, but legal help is often important when the situation is complex or high risk. You may need a lawyer if:

- Your employer, landlord, school, or service provider ignores your complaint or conducts an unfair investigation.

- You experience retaliation after speaking up, such as termination, reduced shifts, eviction threats, or intimidation.

- The harassment involves a person in authority or a pattern of conduct affecting your safety or career.

- You are considering filing a human rights application, a civil lawsuit, a union grievance, or seeking a peace bond or restraining order.

- There are overlapping issues such as constructive dismissal, disability or mental health impacts, immigration or student status, or confidentiality concerns.

- You need help preserving evidence, understanding limitation periods, or negotiating a settlement and non-disparagement or confidentiality terms.

Local Laws Overview

Ontario Human Rights Code: Prohibits sexual harassment and sexual solicitation in employment, housing, and services. It also prohibits reprisal for asserting your rights. Complaints are filed with the Human Rights Tribunal of Ontario. The usual deadline is one year from the last incident, subject to limited extensions in the public interest.

Occupational Health and Safety Act: Requires every Ontario employer, including those in Oakville, to have a written workplace harassment policy and program, to provide information and instruction to workers, and to ensure that harassment complaints are investigated properly and promptly. Employers must provide both the complainant and the respondent with a written outcome and any corrective action that is appropriate. Workers are protected from reprisals for exercising their rights. Complaints of reprisal can be adjudicated by the Ontario Labour Relations Board.

Employment law and civil remedies: Sexual harassment can lead to constructive dismissal and damages for lost wages, pain and suffering, and sometimes punitive damages. Ontario courts can award human rights Code damages in civil actions when another legal claim is also made. The general limitation period is two years from when you knew or ought to have known you had a claim.

Criminal Code of Canada: Some conduct is criminal, such as sexual assault, criminal harassment, indecent acts, voyeurism, and sharing intimate images without consent. You can report to the police. Criminal charges are prosecuted by the Crown. You may also seek protective measures such as a peace bond. Criminal and civil or human rights processes can proceed separately.

Education and housing: The Human Rights Code protects students in schools and tenants in housing. Landlords and educational institutions must prevent and address harassment and cannot retaliate against complainants.

Unionized workplaces: Collective agreements usually include anti-harassment provisions. Unionized workers typically must use the grievance and arbitration process, which can provide timely and binding remedies.

Compensation and supports: If you suffer a work-related mental health injury because of harassment, you may be eligible to file a Workplace Safety and Insurance Board claim. Deadlines are short, and medical documentation is important.

Frequently Asked Questions

What counts as sexual harassment in Ontario?

It is any unwelcome sexualized or gender-based conduct that affects your dignity or creates a hostile environment. Examples include sexual comments, suggestive messages, unwanted touching, persistent requests for dates, sexual jokes, displaying pornographic materials at work, or offering benefits in exchange for sexual favors. One serious incident can be enough.

Does the law protect me outside of the workplace?

Yes. The Ontario Human Rights Code protects you in employment, housing, and services such as schools, restaurants, banks, health care, and public services. Criminal laws apply everywhere, including online spaces and social media.

How do I report workplace sexual harassment in Oakville?

Follow your employer’s harassment policy and report to the designated person or department such as HR or a supervisor who is not involved. If the alleged harasser is your direct supervisor, report to another manager or the person named in the policy. Employers must investigate and provide a written outcome. If there is a safety risk or criminal conduct, you can also contact the police.

What if my employer refuses to investigate or the process is unfair?

You can contact the Ministry of Labour, Immigration, Training and Skills Development for health and safety enforcement related to workplace harassment policies and investigations. You can also seek legal advice about a human rights application, a civil claim, or a union grievance. In cases of reprisal, you can file a complaint with the Ontario Labour Relations Board.

Can I be fired or evicted for complaining about harassment?

No. Reprisal for asserting your rights is unlawful. If you are fired, demoted, threatened with eviction, or otherwise punished for complaining, you may have strong legal remedies under the Human Rights Code, the Occupational Health and Safety Act, employment law, or tenancy law.

What deadlines apply to sexual harassment cases?

Human Rights Tribunal applications should be filed within one year of the last incident. Civil claims usually have a two-year limitation from when you knew or ought to have known you had a claim. Workplace injury claims to the WSIB have short deadlines, often within six months. Union grievances and school complaints can have very short time limits set by policies or collective agreements. Get legal advice as soon as possible.

Should I go to the police?

If there was assault, threats, stalking, or other criminal conduct, you can report to the police at any time. You can also seek medical care and forensic evidence collection even if you are not ready to file a police report. Criminal and civil or human rights processes are separate, and you can pursue one or more of them.

What evidence should I keep?

Save texts, emails, social media messages, photos, and call logs. Keep a dated journal of incidents, witnesses, and impacts on your health or work. Preserve copies of workplace policies, complaints, and investigation outcomes. Get medical and counseling records if you seek care. Do not destroy or alter anything.

How are complaints resolved and what remedies are available?

Outcomes can include apologies, training, separation of parties, changes to policies, discipline for the harasser, reinstatement, lost wages, damages for injury to dignity, and sometimes punitive damages. Settlements often include confidentiality and non-retaliation terms. The appropriate forum will depend on your situation.

Do immigration status or probationary employment affect my rights?

No. All workers, students, and tenants in Ontario are protected, regardless of immigration status, probation, or contract type. Employers and landlords cannot use your status to intimidate you for asserting your rights.

Additional Resources

Human Rights Legal Support Centre - Free legal advice and representation for applicants before the Human Rights Tribunal of Ontario.

Human Rights Tribunal of Ontario - Adjudicates sexual harassment applications under the Ontario Human Rights Code.

Ontario Human Rights Commission - Policy guidance on sexual harassment and poisoned environments.

Ministry of Labour, Immigration, Training and Skills Development - Health and Safety Contact Centre for workplace harassment enforcement and information.

Ontario Labour Relations Board - Handles reprisal complaints under the Occupational Health and Safety Act.

Halton Regional Police Service - For reporting criminal conduct, safety planning, and peace bond information.

SAVIS of Halton - Sexual Assault and Violence Intervention Services offering crisis support, counseling, and accompaniment.

Ontario Network of Sexual Assault and Domestic Violence Treatment Centres - Specialized hospital-based care and evidence collection.

Oakville Trafalgar Memorial Hospital - Access to sexual assault and domestic violence care through hospital services.

Law Society of Ontario - Lawyer Referral Service for a free initial consultation with a lawyer.

Halton Community Legal Services - Community legal clinic that may assist with certain human rights and housing matters.

Next Steps

1 - Prioritize safety. If you are in danger, contact emergency services. Consider a safety plan and speak with a trusted person or support service.

2 - Seek medical and emotional support. A hospital or specialized treatment centre can provide care and evidence collection even if you do not involve police. Counseling services can help with trauma and coping.

3 - Document everything. Save messages, take screenshots, keep a timeline, and note witnesses. Store documents in a secure location.

4 - Review policies and report internally. Follow your workplace, school, or housing policy. If the policy is unclear or the harasser is in authority, seek legal advice before or while reporting.

5 - Get legal advice early. A lawyer can help you choose the right forum, protect against retaliation, preserve limitation periods, and negotiate interim measures such as paid leave or separation from the harasser.

6 - Consider your legal options. These may include a human rights application, a civil claim for damages, a union grievance, a WSIB claim for mental stress, or a police report if criminal conduct is involved.

7 - Track deadlines and next steps. Put key dates on a calendar, such as the one-year Human Rights Tribunal deadline and any internal policy time limits. Follow up in writing after meetings and keep copies.

8 - Prepare for a consultation. Bring your timeline, evidence, relevant policies, pay records, medical notes, and any correspondence from your employer, landlord, or school. Be ready to discuss your goals, such as safety, accountability, or compensation.

This guide provides general information for Oakville and Ontario. It is not legal advice. For advice about your situation, speak with a qualified Ontario lawyer or a legal clinic.