In a wrongful dismissal action, is a plaintiff entitled to damages for mental distress?
Ontario, Canada
The following excerpt is from Colistro v. TBaytel, 2010 ONSC 2306 (CanLII):
It is settled law that damages for mental distress are available in an action for wrongful dismissal, however if such an award is sought it must be specifically pleaded. In Thom v. Goodhost Foods Ltd. (1987) O.J. No.560 (S.C.O.) Austin J. stated as follows: “In my view if a plaintiff wishes to make a claim for damages for mental distress, he or she should so plead. This might be done in the prayer for relief or in the body of the claim or both; the objective is to put the defendant on notice.”
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