For cases which were decided after Honda, see the summary here.
| Mulvihill v City of Ottawa 2008 ONCA para 49
March 2008 |
Court of Appeal set aside trial award of bad faith. Employer, acting in good faith, has the right to be wrong.
Trial judge had found breach of Wallace obligation and allowed incremental 5.5 months notice |
Nil setting aside trial award | |
| Amaral (Litigation guardian of) v. Canadian Musical Reproduction Rights Agency Ltd
OSC July 2007 OCA upheld trial decision May 2009 |
Tort claim was not proven.
The plaintiff employee had suffered severe depression after being dismissed. She was suicidal, engaged in self-mutilation and would likely not return to work. Provisional damage award was provided |
($150,000) intentional infliction;
Family Law claims set for spouse and children of $100,000 in total) |
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| Shulz v Attorney-General and upheld on appeal although no issue of liability on appeal
BC CA 2006 |
Negligent infliction of mental suffering for which employer was vicariously responsible | $125,000 | |
| Downham v County of Lennox and Addington,
OSC Dec 2005 |
Biased, shoddy investigation;
Employer intended to cause not only mental distress but social and economic damage. Para 239 By generating a substantially false investigation report which was circulated to senior staff and politicians in a small community and by the grossly exaggerated content of the letter of dismissal, the County created a stigma which prevented plff from finding alternate employment. The County must be responsible for this longer period of unemployment and not just the period of notice justified by the Bardal factors. |
$50,000 plus tort of intentional infliction of mental suffering of $20,000 and 5 months incremental notice;
Defamation $1,000 |
$100,000 |
| Zorn-Smith v Bank of Montreal
OSC December 2003 |
Plff was burned out, required medical leave. Despite knowledge of this, the defendant transferred two of the three financial services managers to other branches. Two new person were brought in, only one of which was experienced. Bank took advantage of plff’s willingness to work hard, even to her personal disadvantage.
Callous disregard for her health. Further burn out was inevitable, which led to adjustment disorder and depression and anxiety;
Re Wallace issue, plff was employed 21 years, most recently as full service manager.
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$15,000 intentional infliction of emotional suffering;
Wallace gross allowed but increment not specified; awarded 16 months |
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| Prinzo v. Baycrest Centre
OCA July 2002 Trial March 2000
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OCA found punitive damages served no rational purpose in view of the tort award of $15,000, plus trial judge gave no reasons for this award;
Trial judge awarded 18 months to 17 year managerial employee. There was no suggestion that this was a Wallace extensione |
$15,000 for the intentional infliction of emotional suffering | $5,000 set aside on appeal |
| Youkhanna v. Spinal’s Steel Workers Co
OSC 2001 |
Denial of short term disability benefits without adequate evidence;
Aggravated and punitive damage claims were withdrawn at trial; |
Notice period increased from 2 to 3 months | |
| Strong v Kisbee Estate
OCA August 2000 |
Claim of sexual assault due to rape set by Court of Appeal;
Trial judge had found a limitation issue and made no provisional assessment. |
$100,000 damages not defined as aggravated | |
| Wallace v United Grain Growers
SCC |
October 1997 | ||
| Deidal v Tod Mountain
B.C.S.C. 1995; Upheld in B.C. Court of Appeal 1997 |
Employee terminated in the context of false allegations of dishonesty which would impact employment elsewhere due to other employers having misgivings about his or her character.
The trial judge had allowed for a 15 month notice period of $60,000; damages for slander of $50,000; aggravated damages of $25,000; The award totaled $135,000. An alternative award was made of 33 months notice in the same amount. The two decisions of the majority were each concurring reasons. The total trial award was upheld. There was no pleading made of defamation. Braidwood J.A.’s reasons came to the same total of $135,000, which is hard to decipher in the reasons.
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$50,000 for the increased difficulty in finding new employment and $25,000 for mental distress, both recoverable as aggravated damages (Finch, J.A.)
Braidwood, J.A. allowed for 27 months plus a further 6 months for total award of $135,000; |
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| Ribeiro v CIBC
OCA Nov 1992 |
Unproven allegations of dishonesty; criminal charges laid;
Mental distress award increased from $10,000 to $20,000; Punitive damages increased from $10,000 to $50,000; This was then the high water mark for punitive damages. |
$10,000 | $50,000 |
| Francis v CIBC 21 OR (3d) 75;
OCA 1992
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Bank had made serious allegations of fraud against Trusty Francis and in so doing had failed to allow him the opportunity to answer these assertions, in addition to other failings;
The Court of Appeal doubled the punitive damage award to $40,000, this again being in 1992, and maintained the trial award of solicitor-client costs.
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$40,000 | |
| Rahemtulla v VanFed Credit Union
BCSC 1984 |
The employee, a bank teller, was accused of theft and summarily dismissed. The accusation was false, and she had no opportunity to respond to the accusation, nor was a proper investigation made. McLachlin J (as she then was) found the employer’s conduct was made in “threatening circumstances of the utmost gravity”. She found the conduct “equally reprehensible as that of a person posing as a military policeman and accusing another of corresponding with a German spy.” | $5,000 for the intentional infliction of mental suffering |