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mental distress

By Rudner Law, Employment / HR Law & Mediation | 4 Minutes Read September 10, 2021

Morningstar: Divisional Court finds constructive dismissal claim not statute-barred

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.

Article by Rudner Law, Employment / HR Law & Mediation / Health and Safety, Payroll / bullying, constructive dismissal, employment law, harassment, mental distress, right to sue, Workplace Safety and Insurance Act, Workplace Safety and Insurance Appeals Tribunal Leave a Comment

By Barry B. Fisher LL.B. | 3 Minutes Read March 23, 2020

Wallace Damages has two components

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.

Article by Barry B. Fisher LL.B. / Employee Relations, Payroll / employment law, mental distress, unjust dismissal claim, Wallace damages

By Devan Marr | 3 Minutes Read March 19, 2019

Court of Appeal says: No tort of harassment in Ontario

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.

Article by Devan Marr / Employee Relations, Payroll / employment law, general damages, mental distress

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