Toronto
A Jewish student has taken steps this week to sue Toronto Metropolitan University (TMU) on the grounds of alleged experienced individual, institutional, and structural antisemitism.
The claim, filed in the Ontario Superior Court, was filed by an undergraduate student at the university whom also worked at the institution until January 2024.
The lawsuit outlines TMU’s alleged actions, and inaction, in response to antisemitism and intimidation, offensive, demeaning, threatening, disruptive, unwelcome, and unwanted conduct toward the Plaintiff and other Jewish students, staff, and faculty at TMU since October 7, 2023.
The plaintiff’s legal task force, the Centre for Israel and Jewish Affairs (CIJA) and the UJA Federation of Greater Toronto (UJA), put forward that actions and inactions by the university led to a toxic, antisemitic learning and working environment.
The lawsuit also detailed the allegations that, in addition to being wrongfully dismissed from the plaintiff from employment by TMU, the University breached its contract with her, breached its duties of care to her, and discriminated against her by failing to apply its own policies and procedures explicitly designed to protect students like her from the antisemitic environment at the institute.
The legal task force alleged the Plaintiff was regularly confronted by antisemitic violence-inciting slogans in use at rallies and protests, and on signs and graffiti throughout TMU and in TMU buildings.
These slogans included chants for an “Intifada” (including “long live the Intifada,” “Intifada until victory,” and “globalize the Intifada”) and “Only one solution, Intifada revolution.”
In March 2024, students in TMU buildings reportedly walked around with signs that stated: “Zionism Off Our Campus.” The Plaintiff, as well as other Jewish students, staff, and faculty, perceived this as a call for Jews to be removed from campus.
While participating in the “Silent Protest for Peace & Humanity” at TMU on November 3, 2023, the Plaintiff and other participants claimed they were surrounded by a group of students. The students allegedly intimidated, harassed, and interfered with the Plaintiff’s ability to protest. One of the accused accosting TMU students allegedly stated “next time on campus you won’t be together” – which the legal task force claim is a clear threat to the participants’ safety. TMU students reportedly spat on the ground in front the Plaintiff and the group with whom she was protesting. Although present, TMU security took no action to prevent or stop such conduct. TMU security was needed to escort the Plaintiff and other participating students to safety while the harassing TMU students followed.
Following October 7, the Plaintiff said she experienced a toxic antisemitic work environment. Interactions with colleagues and fellow students had apparently become cold and unwelcoming, with the Plaintiff ultimately complaining she had been ignored and. Additionally, colleagues and peers reportedly began posting inappropriate political messaging within the workplace, including on the Plaintiff’s property, which made the Plaintiff and Jewish student patrons uncomfortable.
The Plaintiff is now suing for general damages of $300,000, for special damages, for damages for wrongful dismissal, and for $1,000,000 in punitive damages. The claim also asks the court to declare that, by failing to apply – or by inadequately applying – TMU’s own conduct policies, they violated commitments made to the Plaintiff and breached the duties of care owed to her and the other Jewish TMU community members. The Plaintiff is asking the Court to direct TMU to apply its own policies in a complete and fulsome manner to any and all conduct involving Jewish TMU community members and report to the TMU community thereon.
The legal team representing the Plaintiff
The legal challenge is led by Toronto-based lawyer David Rosenfeld, a member of the Centre for Israel and Jewish Affairs’ Legal Task Force.
Rosenfeld stated “No one, let alone students paying for the privilege of attending an institute of higher learning, should have to face the environment that the Plaintiff and other Jewish students at TMU have experienced. TMU has policies in place that expressly prohibit the conduct that she and other Jewish students have been forced to endure. These policies appear to be mere platitudes when it comes to their application to conduct affecting Jewish students. The failure to openly enforce their own policies fans the flames of hate and exclusion on campus.
“Since the administration will not act, and neither will our elected officials, this courageous 22-year-old has taken it upon herself to hold this institution to account.”
Richard Marceau, Vice President, External Affairs and General Counsel, CIJA added that
“CIJA is determined to use all the legal tools at our disposal to combat antisemitism, discrimination, and double standards.
“We are supporting Jewish union members who have commenced proceedings against their union, the Public Service Alliance. We are taking the federal government to court for resuming funding to UNRWA despite its ties to Hamas. Now, we are helping a Jewish student suing TMU for its utter failure to protect her and fellow students. And we’re not done. Other proceedings are on the way. Because Canadian Jews deserve the full protection of the law.”
