What are the grounds of appeal for damages for undue mental distress?
Ontario, Canada
The following excerpt is from Transport Training Centres of Canada v. Wilson, 2010 ONSC 2099 (CanLII):
The first ground of appeal is with respect to the awarding of general damages for undue mental distress. The appellant says the trial evidence established that the respondent was asking only for compensation in respect of the fact of termination and not the manner of termination. As such, it submits, there is no legal basis for an award of damages beyond compensation for breach of contract for failure to give reasonable notice of termination, being the pay in lieu of notice amount, because there has been no “separately actionable course of conduct” (Wallace v. United Grain Growers Ltd (c.o.b. Public Press), 1997 CanLII 332 (SCC), [1997] S.C.J. No. 94, at para. 73).
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