M.P. v. Ontario Power Generation Inc.
M.P.
Law Firm / Organization
Independent
Lawyer(s)

Mark Donald

ONTARIO POWER GENERATION INC.

Background:
M.P., a former section manager at Ontario Power Generation (OPG), alleges that employees circulated a defamatory article linking his wife to serial killer Bruce McArthur in 2021. Despite M.P.’s complaints, OPG’s investigation was allegedly inadequate, leading to harassment and constructive dismissal in June 2021.

Legal Issues:
OPG moved to strike multiple claims from M.P.’s lawsuit, arguing they lacked legal merit:

  1. Negligent Investigation:
    M.P. claimed that OPG’s Nuclear Safety Team, acting as "peace officers," owed him a duty of care. The court found the team was acting as OPG’s employees, not as police, thus no duty existed under Ontario law (e.g., Correia v. Canac Kitchens).

  2. Intrusion upon Seclusion:
    M.P. argued for vicarious liability for OPG based on its employees’ actions. The court ruled that the tort applies only to direct invasions of privacy, not failures to prevent dissemination (Jones v. Tsige).

  3. Breach of Fiduciary Duty:
    M.P. alleged OPG promised to protect him from harassment. The court found no fiduciary relationship since OPG did not prioritize M.P.’s interests over its own (Elder Advocates).

  4. Harassment:
    Following Merrifield v. Canada, the court reaffirmed that there is no independent tort of harassment in Ontario.

Outcome:
The court struck the above claims but allowed others (e.g., breach of contract) to proceed. M.P. was ordered to pay $7,000 in costs to OPG.

Superior Court of Justice - Ontario
CV-22-00682417-0000
Employment law
$ 7,000
Defendant