Ontario Law Firm Takes Legal Action Against Ex-Lawyer for Defamation

A significant legal confrontation has emerged between Bernardi Human Resource Law LLP, a law firm based in Mississauga, Ontario, and its former lawyer, Lavinia Latham. The firm has initiated a defamation lawsuit against Latham, disputing her allegations of bullying and racism during her tenure there.

Latham, who claims to have experienced wrongful dismissal and human rights violations, accused the firm in a public statement of fostering a toxic work environment. In response, Bernardi has filed a statement of claim in the Ontario Superior Court, seeking $1.75 million in damages. The firm contends that Latham’s allegations undermine its core mission of promoting diversity, equity, and inclusion within workplaces.

“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,” the firm asserts in its defamation claim. The statement further alleges that Latham deliberately sought to harm the firm’s credibility in the very area where it has established significant market recognition.

Latham’s defamation suit comes in the wake of her own legal action filed in August 2024, where she alleged that her resignation was prompted by a hostile environment characterized by anti-Black racism and inadequate accommodation for her medical issues, which included a life-threatening miscarriage and IVF treatments. According to her statement, she felt compelled to leave after one year at the firm.

Both parties agree on the timeline of Latham’s employment, which began in November 2023. However, their accounts diverge regarding her performance. Latham claims she was a high performer, while Bernardi describes her as disorganized, struggling to meet deadlines, and failing to achieve the required billable hours. The firm claims that Latham averaged only 64 billable hours per month, significantly below the expected target of 108 hours.

The firm asserts that it provided extensive accommodations for Latham’s health needs, receiving expressions of gratitude from her at the time. They argue that her allegations of a toxic work environment and her portrayal of the firm’s culture are unfounded. In its statement of defense, the firm maintains that there was no wrongful dismissal, as Latham voluntarily resigned in December 2024 to join her husband’s immigration law firm.

The defamation claim is primarily based on Latham’s comments made in an article published by Law Times, which she shared on LinkedIn. Bernardi argues that these statements assert serious allegations of racism and unprofessionalism against its leadership, which they assert are false and defamatory. The firm insists that it has always acted with integrity and respect towards all employees.

Furthermore, the suit claims that Latham’s intention behind her public statements is to cast herself as a victim and to bolster her public profile, potentially at the expense of the firm’s reputation. Kathryn Marshall, Latham’s lawyer, has described the firm’s lawsuit as an attempt to intimidate her client, asserting that it will not succeed.

As of now, neither the allegations made by Latham nor the claims put forth by Bernardi have been proven in court. The unfolding legal battle highlights the complexities of workplace dynamics and the serious implications of defamation in the legal profession.