Mental Distress — Ontario Employment Law

N. v. Canadian Tire Corporation et al.

A wrongful dismissal case involving allegations of just cause for dismissal and claims for damages, including mental distress. The court addressed the employer's justification for termination and claims for compensation.

M. v. Sterling Renovations & Development Corp

This is a damages ruling in an employment law dispute involving claims for punitive damages, mental distress, and lost income. The court addressed the calculation of damages and costs.

B. v. S.

Workplace Harassment Damages: Emotional Distress & PTSD

This is a merits decision regarding a claim for damages arising from sexual harassment and attempted drugging by an employer. The court found the employer's conduct abhorrent and awarded $50,000 in general damages for emotional distress and $50,000 for loss of competitive advantage due to PTSD, while declining punitive damages due to a prior criminal sentence. The plaintiff was also awarded $30,000 in substantial indemnity costs.

Colistro v. Tbaytel

Colistro v. Tbaytel: Constructive Dismissal & Honda Damages

This is an appeal to the Court of Appeal from a trial judge's decision regarding constructive dismissal and intentional infliction of mental suffering. The employee, an executive assistant with nearly twenty years of service, went on stress leave and objected after her employer rehired a former supervisor who had previously been fired for sexually harassing her. The trial judge dismissed the employee's claim for intentional infliction of mental suffering but found she was constructively dismissed, awarding 12 months' notice and $100,000 in Honda damages for bad faith. The Court of Appeal dismissed the employee's appeal and the employer's cross-appeal. The Court upheld the trial judge's findings that a single egregious act can make employment intolerable, leaving the 12 months' notice and $100,000 Honda damages awards in place.

G. v. Habitat for Humanity Greater Toronto Area Inc.

Wrongful Dismissal: Summary Judgment on Damages

This is a wrongful dismissal case proceeding via a motion for summary judgment under Rule 20.04(2.2). The dispute involves claims for damages, mental distress, and defamation arising from the termination of employment, with the court addressing the burden of proof under the Employment Standards Act, 2000 and the Human Rights Code.

T. v. Labrash Security Services Ltd.

Wrongful Dismissal: Notice Range and Mental Distress Damages

This is an appeal from a summary judgment decision in a wrongful dismissal action involving an employee of Labrash Security Services Ltd. The Divisional Court affirmed the trial judge's award of a notice period within the ten to twelve months range and damages for wrongful dismissal, while setting aside an award for mental distress due to lack of bad faith conduct. The appeal also addressed procedural complaints regarding the refusal to transfer to Small Claims Court and the calculation of costs, which were dismissed.

B. v. Benson Group Inc.

This is a wrongful dismissal case involving allegations of disability discrimination and mental distress. The court addressed the burden of proof regarding the employer's actions and the resulting damages for mental distress.

Colistro v Tbaytel

Constructive Dismissal: Poisoned Work Environment & Harassment

This case addresses whether a plaintiff was constructively dismissed due to the employer's failure to address concerns regarding the hiring of an individual with a history of sexual harassment, creating a poisoned work environment. The court also examined whether the employer's conduct constituted intentional infliction of mental suffering and assessed damages, including the deduction of collateral benefits.

M. v. Regional Municipality of Peel

Workplace Harassment Claim Dismissed for Lack of Evidence

This is a merits decision in a workplace harassment and tort claim brought by a plaintiff against her municipal employer. The plaintiff alleged harassment, adverse treatment, surveillance, and intentional infliction of mental suffering by management, seeking $5 million in damages. The court found no evidence of harassment or flagrant conduct by the employer, determining that the plaintiff's claims were based on subjective perceptions and lacked credible evidentiary support.

B. v Milo-Food & Agricultural Infrastructure & Services Inc.

Wrongful Dismissal: Limitation Periods & Working Notice

This is a merits decision addressing the limitation periods for wrongful dismissal, intentional infliction of mental distress, and human rights claims following a termination where the plaintiff was given two years' working notice. The court held that the wrongful dismissal and severance pay claims were statute-barred because the action was commenced more than two years after the notice of termination, whereas the tort and human rights claims were not statute-barred as the alleged discriminatory and harassing conduct continued throughout the notice period.

Kingston Road Animal Hospital Professional Corporation v P.

Workplace Misconduct: Intentional Infliction of Mental Suffering Appeal

This is an appeal from a Small Claims Court decision regarding a claim for intentional infliction of mental suffering arising from workplace misconduct. The Divisional Court dismissed the appeal, finding no palpable and overriding error in the trial judge's credibility findings and inferences of targeting and intended emotional harm.

T. v Labrash Security Services Ltd.

Wrongful Dismissal: 72-Year-Old Employee with 12 Years Service

This is a summary judgment decision regarding a wrongful dismissal claim where a 72-year-old employee with 12 years of service was terminated without proper notice. The court found the employer breached the Employment Standards Act and the employment contract by failing to provide clear notice, awarding damages for breach of contract and mental distress due to the unfair manner of dismissal.

Strudwick v. Applied Consumer & Clinical Evaluations Inc.

This is an appeal to the Court of Appeal for Ontario regarding a wrongful dismissal action. The appeal addressed the trial judge's assessment of damages, including the notice period, aggravated damages for bad faith conduct, punitive damages, and damages for human rights violations and intentional infliction of mental distress. The court also reviewed procedural issues regarding damages exceeding the claim and costs.

O. v Recyclenet Corporation

Wrongful Dismissal: 7.5-Year Employee Awarded Damages

This wrongful dismissal case involved a plaintiff employed for 7 ½ years who was terminated without cause. The court applied the Bardal factors, considering the plaintiff's age, length of service, and medical condition, to determine the reasonable notice period. Damages were calculated based on pre-termination income, with deductions for severance payments and mitigation earnings, and damages for mental distress were awarded due to the insensitive manner of dismissal.

D. v. KPMG LLP

Wrongful Dismissal: 10-Year Employee Awarded 10 Months Notice

This wrongful dismissal case involved a senior staff accountant with approximately 10 years of service who was terminated by KPMG LLP. The court awarded 10 months' notice or salary in lieu thereof, applying principles from Bardal and Sylvester, while dismissing claims for harassment, breach of contract, and intentional infliction of mental distress.

S. v. IPC (Investment Planning Counsel)

Defamation Appeal: Termination & Regulatory Reporting

This is an appeal to the Court of Appeal from a trial decision concerning a former employee's counterclaims for defamation and mental distress. The employee alleged that the employer acted improperly by terminating his employment and reporting his conduct to regulators. The trial judge dismissed the employee's counterclaims as well as his third-party claim against an insurer. The Court of Appeal dismissed the appeal, finding the employer's actions were justified by an investigation into the employee's business practices. The court also upheld the dismissal of the insurance claim due to the employee's failure to provide adequate notice under the policy.

Q. v. Reprodux Ltd.

Constructive Dismissal Appeal: Mental Distress Damages

This is an appeal to the Court of Appeal from a trial judge's decision in an action for constructive dismissal. The employee appealed the trial judge's refusal to award aggravated damages, punitive damages, and damages for intentional infliction of mental distress, while the employer cross-appealed a costs award. The trial judge had awarded $9,462.00 for constructive dismissal due to a poisoned work environment, but found the verbal abuse did not justify additional damages. The Court of Appeal dismissed the appeal, finding no palpable and overriding error in the trial judge's assessment of the evidence. The employer's cross-appeal on costs was also dismissed, leaving the award of $9,462.00 and trial costs undisturbed.

B.L. v. F. et al

This is a summary judgment motion in an employment law case involving vicarious liability for sexual assault and intentional infliction of mental distress.

Colistro v. TBaytel

Wrongful Dismissal: Aggravated Damages and Mental Distress Claims

A wrongful dismissal case where the plaintiff sought aggravated and punitive damages, as well as damages for mental distress and loss of reputation. The court considered whether such damages require an independent actionable wrong and whether the Statement of Claim disclosed a reasonable cause of action under the 'plain and obvious' standard. The case also involved claims related to workplace safety legislation and intentional infliction of emotional harm.

Transport Training Centres of Canada v. W.

This is an appeal to the Divisional Court concerning damages awarded for wrongful dismissal without cause and mental distress. The court reviewed the underlying employment dispute regarding the employee's termination and the resulting compensation.