Ontario Severance

Boucher v. Wal-Mart Canada Corp.

2014 ONCA 419 (CanLII)Court of Appeal for OntarioDecided Constructive dismissal

Boucher v Wal-Mart: Constructive Dismissal & Damages Appeal

Summary

This is an appeal from a jury verdict in a wrongful dismissal and tort action involving constructive dismissal due to workplace harassment. The trial jury awarded $100,000 in compensatory damages for intentional infliction of mental suffering, $200,000 in aggravated damages, and $1,150,000 in punitive damages. The appeal focused on the reasonableness of these awards and the limitation of future loss of income.

Outcome

appeal allowed in part

Award

Jury awards of $100,000 compensatory, $200,000 aggravated, and $1,150,000 punitive damages were reduced on appeal.

Key Factors

  • constructive dismissal
  • workplace harassment
  • intentional infliction of mental suffering
  • punitive damages
  • aggravated damages

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This is legal information, not legal advice. Ontario Severance is an educational tool. If you are facing a serious employment law matter, consult with a qualified employment lawyer in Ontario.