Can a contravention of a settlement result in damages for mental distress?

Ontario, Canada


The following excerpt is from C.H. v. C.W.C., 2016 HRTO 220 (CanLII):

In Glover, the member agreed that in some circumstances, a contravention of settlement could attract damages for mental distress (see paragraphs 43-44) but concluded that they were not warranted based on the facts in the particular case. Similarly, in Keating v. 2229884 Ontario Inc., 2015 HRTO 1677, a recent case, the Vice-chair followed Glover in finding that compensation is not appropriate only because there was a contravention of a settlement, but considered whether the circumstances of the case warranted compensation for additional compensation because of the emotional impact on the applicant, and found that sufficient evidence had not been provided (paragraph 83).

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