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Butler-Lynch v. Dr. Roz’s Healing Place
[2007] O.J. No. 5336 (S.C.J.)

In September 2006 Karen Butler-Lynch was fired for allegedly making racist remarks at work. She was working alone on a Friday night before a holiday weekend when a cab driver arrived at her office to hand-deliver her termination letter. Ms Butler-Lynch sued her employer claiming damages for wrongful dismissal and reverse discrimination. She retained Ken who took her case to trial and won. This groundbreaking lawsuit was Ontario’s first test of whether an alleged raced-based comment could precipitate a dismissal for just cause. The decision is critical in that it requires employers to exercise caution when enforcing “zero-tolerance” policies regarding workplace discrimination. The case was reported in several of Canada’s major newspapers, including the Windsor Star, The Toronto Star, The Globe & Mail and the National Post.

 

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