A retired judge once told me a legal claim is like a house – the foundation of that house is the written complaint that sets out the facts to support it.

Sometimes there are cracks in the foundation. Where a written complaint fails to articulate every element of every possible cause of action, the house may crumble. Claims can fail.

Such was the case at a tribunal hearing of a housekeeper, Naela Mousaa, who was employed at a Best Western from August 2018 until September 2019.

Ms. Mousa filed an application to the human rights tribunal of Ontario, alleging discrimination with respect to employment on the basis of sex (sexual harassment), contrary to the Ontario Human Rights Code.

Mousa alleged that her housekeeping coworker, Bing, had massaged her shoulders in the workplace, making her

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