Slaw: Court limits liability for mental suffering

July 7, 2010 Yosie Saint-Cyr Employment/Labour Standards, Human Resources

In December 2008, the Ontario Superior Court of Justice awarded Marta Piresferreira, a former employee of Bell Mobility Inc., more than $500,000 in damages arising from an assault at the hands of her supervisor. The Court found the company and supervisor jointly liable for Piresferreira’s damages.

Then in May of this year, the Court of Appeal reversed the lower court decision. The reversal places limits on employees’ ability to hold an employer liable for causing emotional distress. The Appeal Court stated that employees may not make the charge of negligent infliction of mental suffering against an employer or supervisor for conduct in the course of employment.

Read the full article on Slaw.ca.

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Yosie Saint-Cyr

Managing Editor at First Reference Inc.

Yosie Saint-Cyr, LL.B., is a trained lawyer called to the Quebec bar in 1988 and is still a member in good standing. She practiced business, employment and labour law until 1999. For over 15 years, Yosie has been the Managing Editor of the following publications, Human Resources Advisor, Human Resources PolicyPro, HRinfodesk and Accessibility Standards PolicyPro from First Reference. Yosie is one of Canada’s best known and most respected HR authors, with an extensive background in employment and labour across the country. Read more