Case Law
Case Law in Alberta
Alberta Labour Relations Board: https://www.canlii.org/en/ab/ablrb/
Bullying at work: another form of workplace violence
Holm v Agat Laboratories Ltd., 2018 ABQB 415, the Plaintiff was awarded $20,000.00 aggravated damages for mental distress in connection with the unproven allegations that others constantly complained about and for their eventual demotion.
Alberta Computers.com Inc. v Thibert, 2019 ABQB 964, the Plaintiff, Thibert, was awarded $10,000.00 in aggravated damages for comments his superior said in a meeting regarding Thibert’s sales ability, which were made in front of Thibert’s wife and another employee and led to Thibert’s constructive dismissal.
Decision No.: 2008-654, 2008 CanLII 85954 (AB WCAC), the WCB granted the worker’s claim for stress due to psychological harassment. The worker was harassed and intimated by colleagues.
1989 CanLII 93 (SCC), [1989] 1 S.C.R. 1085
Hill v. Church of Scientology, the Supreme Court of Canada: Uses language: “harsh, vindictive, reprehensible and malicious to describe bullying and harassment.”.
Merrifield v. The Attorney General, 2017 ONSC 1333;
Clark v. Canada, 1994 CanLII 3479 (FC), [1994] 3 F.C. 323, 3 C.C.E.L. (2d) 172,
Wallace v. United Grain Growers Ltd., 1997 CanLII 332 (SCC), [1997] 3 S.C.R.701,
Tipple v. Canada (Attorney General), 2012 FCA 158 (CanLII), 431 N.R. 257, 158,
Joseph v. Tl’azt’en First Nation, 2013 FC 767 (CanLII), 2013 F.C. 767, 9 C.C.E.L. (4th) 173
Boucher v. Wal-Mart Canada Corp., 2014 ONCA 419,
St. Boniface General Hospital V. Manitoba Association of Health Care Professionals (2010) MGAD no 31
Thames Valley District School Board v Ontario Secondary School Teachers’ Federation, District 11, 2016 CanLII 31772
Saskatoon (City) v Canadian Union of Public Employees, Local 47, 2012
Giesbrecht v McNeilly, 2008 MBCA 22 (CanLII), 54 CCLT (3d) 170
Ferreira v Richmond (City), 2007 BCCA 131 (CanLII), 280 DLR (4th) 330
Case Law in British Columbia
Ms. K v. Deep Creek Store and another, 2021 BCHRT 158 (CanLII)
University of British Columbia v. Kelly, 2016 BCCA 271 (CanLII)
Kelly v. University of British Columbia (No. 4), 2013 BCHRT 302
Case Law in Ontario
Bassanese v. German Canadian News Company Limited et al., 2019 ONSC 1343 (CanLII), 2019 CV-18-603979
In the matter of arbitration between Children’s Hospital of Eastern Ontario and Ontario Public Service Employee’s Union, 2015 CanLII 58045
Boucher v. Wal-Mart Canada Corp., 2014 ONCA 419, the Plaintiff was awarded $100,000.00 in damages due to her superior’s consistent verbal abuse, which drove the Plaintiff to quit her job. However, this is an Ontario decision and psychological damages are not available under WCB legislation in Ontario.
- The above case is from Ontario. Alberta case law is limited since these types of claim will need to go through WCB. However, employee’s in Alberta can still get damages for conduct by the employer during termination (or leading up to the termination) these are typically referred to as “bad faith termination damages”.
In September of 2021, the Ontario Divisional Court affirmed an employee’s right to sue for wrongful and/or constructive dismissal in the civil courts in cases of chronic mental stress arising from workplace harassment. While the specific case reasoned that the complainant’s injury was a direct result of the workplace and therefore was eligible for WSIB compensation, the judge acknowledged that it would be appropriate for employers to seek damages in civil court for the results of constructive dismissal due to mental stress – something which is not covered in WSIB policy. It is important that employers understand the potential implications of their actions and inactions and for workers to understand the full breadth of remedies that are available to them. If you need help navigating the complex work of workplace bullying & harassment, we invite you to reach out to us for guidance.
