Delmotte v. John Labatt Ltd. et al.
Wrongful Dismissal: Mental Distress Damages Allowed to Proceed to Trial
Summary
A wrongful dismissal case where the plaintiff sought damages for mental distress arising from a breach of employment contract. The court held that while damages for mental distress may not traditionally be recoverable, the issue is not sufficiently clear to strike out the claim, allowing it to proceed to trial.
Outcome
Claim allowed to proceed to trial
Key Factors
- wrongful dismissal
- damages for mental distress
- breach of employment contract
- pleadings
- Ontario Rules of Civil Procedure, Rule 139
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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.