What is the test for damages for distress arising from a breach of a contract of employment?

Alberta, Canada


The following excerpt is from Dobson v. T. Eaton Company, 1982 CanLII 1221 (AB QB):

From all the foregoing it is clear that in any case of contract where damages for distress flowing from that breach are sought, it must be shown that the contract expressly, or by necessary inference from the evidence, provided for that remedy in the event of breach. Further, it is clear that the usual contract of employment does not so provide. Here there is no evidence that the contract of employment was in any way unusual. Nor is there any evidence that the original contract was added to or changed in any way, as seems to be the case in Pilon v. Peugeot, supra.

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