Contents
Contents
- Intentional Infliction of Mental Suffering
- Defamation
- Flawed Investigation: Defamation
- Negligent Misrepresentation
- Negligent Investigation
- Time to Review Negligence Claim
- Assault & Battery
- Intrusion on Seclusion
- Developing New Tort of Harassment
- Suing for Human Rights Violations: Ontario
- Practical Takeaways
- Linked Case Index
Intentional Infliction of Mental Suffering
Definition: Outrageous conduct calculated to cause harm, resulting in visible and provable illness.
- High threshold; overlaps with but is distinct from aggravated damages.
- Assessing the damage claim.
- Chart of Damages for Emotional Suffering.
- Damages for Lost Income: Past & Future.
Defamation
Definition: False statements that harm reputation, commonly in post-employment references.
- Defences: truth • fair comment • qualified privilege: defeated by malice
Flawed Investigation: Defamation
When internal investigations allege defamatory content (e.g., emails, memos, announcements).
- Key issues: publication • privilege • malice
Negligent Misrepresentation
Negligent statements that induce reliance (often in hiring/retention), causing financial loss.
- Elements: duty • inaccurate statement • negligence • reliance • damages.
Negligent Investigation
Poorly conducted investigations that breach the duty of care and cause foreseeable harm, possible claims against the investigator.
Time to Review Negligence Claim
The traditional view that an employer cannot be sued in negligence may soon be revised.
Assault & Battery
Intentional torts involving threatened or actual unwanted contact in the workplace.
- Often arise in harassment/violence claims; damages may overlap with human rights remedies.
- Chart of Damages for Emotional Suffering.
- Chart: Lost Income — Past & Future.
Intrusion on Seclusion
Unauthorized, highly offensive intrusion into private matters (e.g., Jones v. Tsige).
- Employment examples: improper access to personal files, surveillance, or disclosure.
Developing New Tort of Harassment
- Consider this developing cause of action.
Practical Takeaways
For Employers
- Keep references factual and within privilege.
- Ensure investigations are fair, thorough, and compliant with policies/statutes.
- Limit access to employees’ personal data; set clear data-handling protocols.
For Employees
- Document early: emails, notes, medical corroboration, and witnesses.
- Choose the forum/remedy strategically (contract, tort, human rights).
- Consider combining with wrongful dismissal where appropriate.
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