What are the elements of intentional infliction of mental suffering?

Manitoba, Canada


The following excerpt is from Bodnarchuk v. RBC Life, 2010 MBQB 85 (CanLII):

The three elements of the tort of an intentional infliction of mental suffering are conduct that is: (1) flagrant and outrageous; (2) calculated to produce harm; (3) resulting in a visible and provable injury. (See Frame v. Smith, 1987 CanLII 74 (SCC), [1987] 2 S.C.R. 99.)

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