Is there compelling reason to continue the action against individual respondents even if a corporate respondent assumes liability?
Ontario, Canada
The following excerpt is from Sault v. Ontario Native Women’s Association, 2013 HRTO 807 (CanLII):
When allegations of harassment and reprisal are made against individual respondents, compelling reasons exist to continue the proceeding against them even where a corporate respondent assumes liability. In such cases, the actions of the individuals alleged to have engaged in this conduct is the central issue. If findings of harassment and reprisal are made, individual remedies may be required to remediate their conduct. The fact that the corporate respondent may be jointly and severally liable for the conduct of its employees is not a basis to insulate the employees from personal liability. See Ontario Human Rights Commission v. Farris, 2012 ONSC 3876 (Div. Ct.).
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