Intentional Infliction of Mental Suffering in the Workplace
In Ontario, there is no standalone tort of “harassment.” The Ontario Court of Appeal has made this clear. But that does not mean employees facing serious mistreatment in the workplace have no legal remedy.
When workplace harassment crosses the line into cruel and outrageous behaviour, the appropriate legal claim may be intentional infliction of mental suffering.
This tort is difficult to prove, but when the facts support it, the damages can be substantial.
What Is Intentional Infliction of Mental Suffering?
Ontario courts apply a three-part test to determine whether someone has intentionally caused another person emotional harm.
A successful claim must prove:
- Flagrant or outrageous conduct
- Conduct intended to cause harm
- A visible and provable illness as a result
Let’s take a closer look at each of these:
Flagrant or outrageous conduct must be more than workplace incivility or strong management. The behaviour must be extreme by a reasonable person’s standard the kind that shocks or horrifies.
Intent to cause harm can be direct or inferred. The person responsible doesn’t need to say “I meant to hurt you,” but the circumstances must suggest they knew the consequences of their actions and did it anyway.
Visible or provable illness means there must be some objective evidence of harm. A diagnosis from a physician or psychologist, for example, is usually needed.
Case Example: Boucher v. Wal-Mart Canada Corp.
A leading Ontario case on this tort is the Court of Appeal’s decision in Boucher v. Wal-Mart, 2014 ONCA 419.
In this case, an employee endured months of public humiliation and verbal abuse from her manager after raising concerns about workplace conduct. Despite multiple complaints, the company failed to take meaningful action.
The jury awarded her $100,000 in general damages for intentional infliction of mental suffering, and the Court of Appeal upheld the award.
The decision clarified that:
- A company may be liable not just for its managers’ actions, but also for failing to stop known abusive conduct
- Courts will uphold significant damage awards when the evidence of mistreatment and harm is clear
- Employers must address bullying behaviour promptly and effectively
This decision remains a cornerstone of Ontario employment law on psychological harm in the workplace.
As Christopher Achkar, Employment Lawyer and founder of Achkar Law, explains:
“Mental suffering in the workplace can lead to serious legal consequences whether you’re experiencing it or accused of causing it. At Achkar Law, we help both employees and employers deal with these complex issues with clarity, care, and legal precision.”
When Does the Tort Apply?
The tort of intentional infliction of mental suffering applies only in rare and extreme cases. It’s not meant for everyday workplace conflict or even unfair treatment.
However, it may apply where:
- An employee is repeatedly and severely targeted
- A manager or co-worker engages in cruel, abusive behaviour
- The employer fails to act despite being made aware of the harm
- The employee suffers medically recognized mental health issues as a result
In most cases, this tort is pursued alongside other claims, such as constructive dismissal or human rights violations.
Should Employers Be Concerned?
Yes, even though the bar is high, courts have shown they will award damages where the facts support the claim.
Employers in Ontario should:
- Investigate harassment complaints promptly
- Train managers on appropriate conduct and escalation procedures
- Document disciplinary actions carefully and respectfully
- Seek legal advice before proceeding with dismissals that may appear retaliatory or cruel
The cost of ignoring psychological harm in the workplace can be steep in legal, financial, and reputational terms.
Legal Help for Both Sides
Whether you are an employee experiencing serious mistreatment or an employer dealing with a complex complaint, it is critical to understand the legal threshold and potential consequences involved.
At Achkar Law, we help clients across Ontario with workplace legal issues involving mental suffering, bullying, and harassment.
Phone Toll-free: 1-800-771-7882 | Email: [email protected]
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. ©
Workplace Law Topics
Employees: Human Rights, Workplace Harassment, Wrongful Dismissal, and Employment Litigation and disputes
Employers: Employment Law, Workplace Disputes and Litigation, and Termination Dismissals and Lay-offs