A couple of years ago, the Workplace Safety and Insurance Appeals Tribunal ("WSIAT") statute-barred a constructive dismissal claim for chronic mental stress arising from a poisoned work environment, along with claims for aggravated, moral and punitive damages, which meant that employees would not be able to pursue such claims before the courts.
Lawyers often seem to forget this important aspect of Wallace Damages as they tend to focus on the mental distress element of the case. This case shows that it may be much more profitable to focus how the manner of the dismissal adversely affected the plaintiff’s employability.
In a unanimous decision, the Ontario Court of Appeal has ruled that there is no tort of harassment in Ontario. In Merrifield v. Canada (Attorney General), the Court overturned the trial decision which had found that the tort did exist.