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Intentional Infliction of Mental Suffering in the Workplace
Ontario has no standalone tort of harassment. The Court of Appeal has confirmed this. But that does not mean severe workplace mistreatment has no legal remedy. When harassment becomes extreme and causes medically recognized psychological harm, employees may have a claim for intentional infliction of mental suffering a tort that, while difficult to prove, has resulted in significant damages awards in Ontario courts.
The bar is deliberately high. Courts have set it this way to prevent ordinary workplace disputes from becoming tort claims. Where the conduct clears the threshold, however, damages can be substantial and the employer may be held liable not just for the conduct of its employees but for its own failure to stop conduct it knew about.
Are you experiencing severe workplace harassment, psychological abuse, or extreme mistreatment in Ontario?
If the conduct has caused a medically recognized mental health impact and your employer has failed to act despite knowing about it, you may have a claim for intentional infliction of mental suffering alongside other employment claims. Get advice to understand your options.
Call: 1-800-771-7882 Speak With an Employment LawyerThe three-part legal test
To succeed in a claim for intentional infliction of mental suffering in Ontario, you must establish all three of the following elements on the evidence.
Flagrant or outrageous conduct
The conduct must be more than difficult, unfair, or unpleasant. It must be extreme by a reasonable person's standard the kind of behaviour that would be considered shocking or horrifying. Aggressive management, sharp criticism, or inconsistent treatment generally will not meet this threshold on its own.
Intent to cause harm
The person responsible must have intended to cause harm, or must have known that their conduct would cause harm and proceeded anyway. Direct intent is not required intent can be inferred from the circumstances. Deliberate, targeted, repeated conduct directed at one person is far more likely to satisfy this element than generalized poor workplace behaviour.
A visible and provable illness
There must be objective medical evidence of a recognized mental health condition resulting from the conduct. A diagnosis from a physician or psychologist is typically required. Distress or unhappiness without medical substantiation will not meet this element. Medical documentation is critical to the strength of this type of claim.
Boucher v. Wal-Mart Canada Corp.: the leading Ontario case
This Ontario Court of Appeal decision is the leading authority on intentional infliction of mental suffering in the employment context. Ms. Boucher endured months of public humiliation and verbal abuse from her manager after she raised a concern about a colleague's conduct. Despite multiple internal complaints, the company failed to take meaningful action.
A jury awarded her $100,000 in general damages for intentional infliction of mental suffering. The Court of Appeal upheld the award and confirmed that an employer can be held liable not only for the conduct of its managers but also for its own failure to stop known abusive conduct. The decision established that significant damages are available where the evidence of extreme mistreatment and resulting harm is clear.
When this claim may apply to your situation
How this claim interacts with other employment claims
Intentional infliction of mental suffering is rarely pursued in isolation. It is most commonly advanced alongside other claims including constructive dismissal, where the extreme conduct forced you to resign; human rights violations under the Ontario Human Rights Code, where the conduct was connected to a protected ground; and bad faith termination damages, where the manner of a dismissal was itself outrageous. Each of these claims provides a separate remedy and can be pursued concurrently. A lawyer can assess which combination of claims best reflects your specific circumstances and which are most likely to succeed on the evidence available.
Are you experiencing extreme workplace harassment that has affected your mental health in Ontario?
Where conduct is flagrant, targeted, and has caused a medically recognized psychological impact, you may have a claim for intentional infliction of mental suffering alongside constructive dismissal or human rights claims. Get advice to assess your options.
Get Legal Advice Or call us: 1-800-771-7882Frequently asked questions about intentional infliction of mental suffering in Ontario
Is there a tort of workplace harassment in Ontario?
No. The Ontario Court of Appeal has confirmed there is no standalone tort of harassment. However, where workplace harassment is extreme and causes medically provable psychological harm, the tort of intentional infliction of mental suffering may apply. This tort requires flagrant or outrageous conduct, intent to cause harm, and a visible and provable illness resulting from the conduct. All three elements must be established on the evidence.
What kind of conduct meets the threshold for intentional infliction of mental suffering?
The conduct must be extreme by a reasonable person's standard beyond ordinary workplace conflict, unfair treatment, or even aggressive management. Months of public humiliation, targeted verbal abuse, deliberate campaigns to isolate or demoralize an employee, and similar conduct that would be considered shocking or horrifying are the types of behaviour courts have found sufficient. Single incidents rarely meet the threshold; a sustained pattern is typically required.
Do I need a medical diagnosis to make this claim?
Yes. The third element of the test requires a visible and provable illness typically a recognized mental health diagnosis supported by medical evidence. Distress, unhappiness, or general emotional harm without objective medical substantiation is not sufficient. If you are experiencing psychological harm from workplace conduct, seek medical support promptly and keep records of your diagnosis and treatment. Medical documentation is critical to the strength of this type of claim.
Can my employer be held liable for a manager's conduct even if I reported it?
Yes. The Court of Appeal confirmed in Boucher v. Wal-Mart that an employer can be liable not only for its managers' conduct but also for its own failure to stop known abusive behaviour. Where you made internal complaints and the employer failed to take meaningful action, the employer's inaction is itself part of the claim. Document all complaints you made, when you made them, and what response you received.
Can I pursue this claim alongside other employment claims?
Yes. Intentional infliction of mental suffering is most commonly pursued alongside constructive dismissal, human rights complaints, and bad faith termination claims. Each claim provides a separate remedy. A lawyer can assess which combination of claims best reflects your circumstances and which are most likely to succeed given the evidence available to you.
What damages are available for intentional infliction of mental suffering?
Damages are assessed based on the severity of the conduct and the extent of the harm caused. The $100,000 general damages award upheld in Boucher v. Wal-Mart reflects the high end of what courts have awarded in clear cases. Awards vary significantly depending on the specific facts. Damages under this tort are separate from and in addition to any wrongful dismissal or human rights compensation you may be entitled to.
Experiencing severe workplace mistreatment that has affected your mental health in Ontario?
If the conduct you have experienced was extreme, targeted, and has caused a medically recognized psychological impact, you may have a claim for intentional infliction of mental suffering alongside other employment claims. Our team advises employees across Ontario on employment disputes and workplace harassment claims. Contact us for a confidential consultation.
Call us at 1-800-771-7882 or fill out the form below and we will be in touch.
The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Achkar Law Professional Corporation and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Achkar Law Professional Corporation. ©