The subject of Gnanasegaram v. Allianz Insurance Co. of Canada was an appeal from a lower court decision where the trial judge ruled that the plaintiff could only raise issues of discriminatory conduct against the plaintiff and not issues of systemic racism by the employer. The Court of Appeal held that for the purposes of pleading discriminatory conduct as a basis for a wrongful dismissal claim, there was no principled basis for distinguishing between allegations of direct discrimination aimed at the plaintiff and allegations of systemic racism, which targeted a class or group of which the plaintiff was a member. In either case, the allegation was one of discrimination against the plaintiff offered to support the wrongful dismissal claim.
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