BURST
A dispute between a large law firm specializing in workplace diversity training and investigations and one of its former lawyers has sparked a defamation lawsuit denying allegations of bullying and racism in the office.
In response to public statements by lawyer Lavinia Latham claiming wrongful dismissal and human rights violations while working at Bernardi Human Resource Law LLP, the Mississauga-based firm is suing Latham.
Bernardi’s statement of claim accuses Latham of purposely attacking a core identity of the firm: its diversity, equity and inclusion work.
“To a great extent, the Plaintiffs’ reputations and professional brand are predicated on assisting clients in creating and fostering psychologically safe, inclusive, and respectful workplaces. Leadership in diversity, equity, and inclusion is critical to the work they do,” says the defamation claim, filed last week in Ontario Superior court.
“Latham knew this, and her allegations were drawn to maximize personal and professional harm to the Plaintiffs by seeking to damage and diminish the Plaintiffs’ credibility in an area where they enjoy considerable market recognition,” the claim alleges.
The firm, that provides legal and human resource services, seeks $1.75 million in damages and a court order for Latham to retract and remove comments made in an online article published in Law Times and in social media posts.
Latham has filed a notice of her intent to defend against the defamation allegations. Her lawyer, Kathryn Marshall, called the firm’s lawsuit “an ill-advised effort to intimidate and silence my client and it is absolutely not going to work.”
Latham, a Brampton lawyer, filed her lawsuit in August, claiming that after a year at the firm she was forced to quit because of “an extremely toxic work environment where she experienced anti-Black racism and flagrant failures to accommodate her medical issues, including a life-threatening miscarriage, blood transfusion, and IVF procedures,” according to Latham’s statement of claim filed in court.
Along with the defamation claim, the firm has filed a statement of defence in court denying allegations made by Latham in her lawsuit.
Latham started at the firm in November 2023.
Both sides agree on that part.
While Latham in her court filings said she was a high performer who received accolades, Bernardi presents a different image in their filings.
“Notwithstanding the considerable supports she was given, Latham struggled with her work. She was disorganized, failed to meet deadlines, lacked knowledge of legal concepts integral to a workplace investigation practice, and fell well below her billable target. She devoted a substantial amount of time to self-promotion on social media,” the firm’s claim alleges.
The firm claims that associate lawyers are expected to have a minimum of about 108 billable hours per month. “Latham consistently failed to meet this target, averaging 64 hours per month during her tenure — effectively earning a full-time salary for part-time work,” the firm claims. The suit alleges Latham spent considerable time making YouTube videos while complaining of her workload.
The firm also says it granted “extensive accommodations to Latham in connection with her health-related needs,” for which Latham thanked both the firm’s managing partner, Lauren Bernardi, and head of human resources, Lisa Watson, at the time, the defence statement says.
The firm claims Latham has no cause of action because there was no firing. The statement of defence says Latham resigned in December 2024 to join her husband’s immigration law firm, and in her letter of resignation and in an exit interview revealed no criticisms of the firm or staff.
The day Latham’s lawsuit was filed in August, however, an article was published online in Law Times, a publication covering Ontario’s legal profession, which included quotations from Latham.
Her comments in the article are the basis of the firm’s defamation complaint. The Law Times is not named as a defendant. A story on the case was also published in National Post, which is not complained about.
The Law Times article was shared by Latham on LinkedIn, a social media and professional networking site, which, the defamation suit claims, “aimed at amplifying the injury.”
The firm complains of Latham’s comments in the article, saying: “Her accusations were of serial racism and unprofessionalism by the leaders of one of the top workplace and human resources law firms in the province. These allegations are false and defamatory and were designed to injure the Plaintiffs’ reputations among members of the profession, their clients, and the public at large.”
The firm claims Latham’s words are false and defamatory.
“At no time did the Plaintiffs harass, mistreat or otherwise discriminate against racialized members of the firm, including Latham. On the contrary, they acted at all times with integrity, respect, and dignity,” according to the defamation claim.
“The Plaintiff’s allegations online and in the Statement of Claim are selective, false and omit significant facts and context,” the firm claims in its statement of defence.
“The Plaintiff’s true intentions behind this action are to promote herself by painting herself as a victim, to garner support as she seeks to increase her visibility and extend her influence online.”
Marshall, on behalf of Latham, said the firm’s pleadings look like “a continuation of the mistreatment that my client faced in the workplace.”
Neither action has yet been proven in court.
• Email: ahumphreys@postmedia.com | X: AD_Humphreys
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