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a policy to deal with employee safety. There may also be an onus on co- workers. However, this raises questions of privacy and when it is reasonable to provide information to an employ- er about a co-worker, and when the employer can advise co-workers of a potential situation. In the Dupont incident, there is evi- dence many people in the hospital were aware of Daniel's harassing behaviour. In April 2005, seven months before the murder-suicide, the doctor had put an envelope containing compromis- ing photos on Dupont's car windshield along with a letter that she cede to his demands or he would publish the pho- tos of her in various states of undress throughout the hospital. This incident was raised with hospital administration; however, Daniel, already on suspen- sion from the earlier suicide attempt, seemingly faced no punishment. He was reinstated at the hospital less than two months later without so much as a phone call to notify Dupont. One could question whether the new amendments would create an ave- nue for complaints to the Ministry of Labour in such a situation. The ONA says no, simply because the incident did not include physical violence. "[Daniel] stalked her in the workplace, would follow her, would stare at her, none of [what is] in this bill could be used to issue an order against an employer, because he hasn't physically assaulted her," says Johnston. Dupont family lawyer Greg Monforton says Bill 168's narrow approach means neither he nor the nurse's family can wholeheartedly approve the legislation, although they all see it as a move in the right direc- tion. "I know the family would have preferred to have seen tougher language and a more comprehensive approach towards the continuum of violence," says Monforton, a partner with the Windsor personal injury law firm Greg Monforton and Partners. "So if your question is are they utterly satisfied with the amendments to the legisla- tion? No they are not, but they are still encouraged and to some degree, heart- ened because it is a step in the right direction." Part of the reason the bill falls short, he says, is the difficulty in creating laws that reflect each individual situation. "It is impossible obviously to entirely cod- ify the circumstances in which remedial action has to be taken." However, Monforton questions whether the same issue would have arisen if the incidents had happened in the private industry. "I must have heard it said a dozen times throughout the inquest: if the conduct of Dr. Daniel had been that of a mem- ber of a management team of a private corporation he would have been fired with the snap of a finger. PROFESSIONAL DIRECTORY US Immigration Law Firm Let us help you and your clients with their US immigration matters. We specialize in business immigration and EB5 cases. Karen Caco, Lawyer International Immigration Services, H1B, L1, E2, TN Visas and EB5 Green Cards www.ezusimm.com 239/261-6777 x 199 ntitled-5 1 G.R. Moss Appraisals Inc. Machinery and Equipment Valuations PROVIDING EXPERT OPINIONS FROM COAST TO COAST GILLES R. MOSS A.S.A., CEA 2910 SOUTH SHERIDAN WAY OAKVILLE, ONTARIO L6J 7J8 www.grmossappraisals.com TEL. (905) 829-5594 FAX (905) 829-7600 CELL (905) 829-1590 valexperts.pro@rogers.com 4/6/09 4:20:13 PM Simmigration_CL_Mar_10.indd 1 Supreme Court of Canada Counsel and Agency Services Henry S. Brown, Q.C. Martin W. Mason Guy Régimbald Eduard J. Van Bemmel, Legal Assistant 2/16/10 12:29:42 PM Brian A. Crane, Q.C. Graham Ragan 2600 - 160 Elgin Street, Ottawa, ON K1P 1C3 Tel: (613) 786-0139 Montréal Ottawa || Kanata | gowlings.com www. C ANADIAN Law ye rmag.com M ARCH 2010 57 oss_CL_Nov_09.indd 1 10/28/09 2:36:04 PM ntitled-5 1 12/11/08 3:24:59 PM Toronto | Hamilton | Waterloo Region | | | Calgary Vancouver Moscow | London