📚 Related Resource: For an overview of employment torts
(IIMS/IIED, defamation, negligent misrepresentation & investigation, intrusion on seclusion,
assault & battery), visit our
Tort Damages Hub
.
Chart – Intentional Infliction Emotional Suffering Awards
This issue is reviewed here.
| Aggravated/general | punitive | ||
| Boucher v Wal-Mart | Unfair investigation | $200,000 plus $100,000 for tort of intentional infliction of mental suffering against the manager | $100,000 against employer and $10,000 against manager |
| OCA | Jury at trial had ordered $1 million in punitive damages which was reduced on appeal to $100,000, against Wal-Mart. | ||
| May-14 | It also awarded damages of $250,000 against the manager, Pinnock, made up of $100,000 for intentional infliction of mental suffering, and $150,000 in punitive damages (awards for which Wal-Mart is vicariously liable as Pinnock's employer). | ||
| The punitive award against the manager was reduced on appeal to $10,000. | |||
| Pinnock's conduct was flagrant and outrageous. He belittled, humiliated and demeaned Boucher continuously and unrelentingly, often in front of co-workers, for nearly six months. The tort award remained in place. | |||
| K.T. v Vranich | Sexual assault, | $125,000 general damages | $25,000 |
| OSC 2011 | intentional infliction of mental suffering; breach of fiduciary duty; Occupier's Liability Act; | ||
| Breach of obligation of good faith and fair dealing at the time of dismissal | |||
| action was undefended | |||
| Amaral (Litigation guardian of) v. Canadian Musical Reproduction Rights Agency Ltd | Tort claim was not proven. | ($150,000) intentional infliction | |
| OSC July 2007 | The plaintiff employee had suffered severe depression after being dismissed. She was suicidal, engaged in self-mutilation and would likely not return to work. | ||
| OCA upheld trial decision May 2009 | Provisional damage award was provided | ||
| Downham v County of Lennox and Addington, | Biased, shoddy investigation; | $50,000 plus tort of intentional infliction of mental suffering of $20,000 and 5 months incremental notice; | $100,000 |
| OSC Dec 2005 | Employer intended to cause not only mental distress but social and economic damage. Para 239 | Defamation $1,000 | |
| 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. | |||
| Wallace Part 2 | |||
| Price v. 481530 B.C. Ltd | Plff suffering from cancer and suffering from stress. Employer made allegations of many dishonest acts, including theft; Loss of future employment could result from these allegations; | $50,000 | |
| B.C.S.C 2016 | $100,000 in damages for tort of conspiracy to injure | ||
| Shulz v Attorney-General and upheld on appeal although no issue of liability on appeal | Negligent infliction of mental suffering; | $125,000 | |
| BC CA 2006 | Claim of intentional infliction of mental suffering failed. | ||
| Zorn-Smith v Bank of Montreal | 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. | $15,000 intentional infliction of emotional suffering | |
| OSC | Callous disregard for her health. Further burn out was inevitable, which led to adjustment disorder and depression and anxiety | ||
| Dec-03 | |||
| Prinzo v. Baycrest Centre | The employee was given working notice, but injured herself before she had completed her last day of work. The employer continually harassed her at home, suggesting she was a malingerer. She had had an absence before this and was called at home repeatedly then. She had told the employer it was upsetting to her, and told them not to do it again. After the calls continued, she retained counsel, who told the employer to communicate only with him. The employer ignored this, and continued to contact the employee directly. | $15,000 for the intentional infliction of emotional suffering | ($5,000) set aside on appeal |
| OCA July 2002 | 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 March 2000 | Trial judge awarded 18 months to 17 year managerial employee. There was no suggestion that this was a Wallace extension | ||
| Boothman v Canada | Assault | $10,000 for assault and intentional infliction of mental suffering | loss of future earnings $20,000 |
| FC Trial 1993 | Intentional infliction of mental suffering | ||
| The employer was aware of the employee’s fragile emotional state when she was hired. The employee’s supervisor suggested the employee likely “had a lot of guilt” and needed time off for “mental reasons”; he threatened her with bodily harm, yelled profanities at her, forbade her from leaving the office, threatened to “bash her head in”, “wring her neck ‘until all life has ceased’”, “rip off her lips and break her arm”. He would brandish a screwdriver at her. Management did nothing to correct the situation, and liability was found. | |||
| Rahemtulla v VanFed Credit Union | 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 | |
| BCSC 1984 | |||