Can a tort of intentional infliction of mental distress be awarded in the context of a wrongful dismissal action?
Ontario, Canada
The following excerpt is from Correia v. Canac Kitchens, 2008 ONCA 506 (CanLII):
In Prinzo v. Baycrest, supra, at paras. 34-64, this court confirmed (a) the three-pronged test to establish the tort of intentional infliction of mental distress and (b) that if it is established as an actionable wrong that is separate from wrongful dismissal, then damages for the tort of intentional infliction of mental distress can be awarded in the context of a wrongful dismissal action. Therefore, a claim for intentional infliction of mental distress should not be struck or dismissed only because it is raised in a wrongful dismissal context or because the facts giving rise to the claim may overlap with those that form the basis for aggravated or punitive damages from the wrongful dismissal.
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