Case Law

Case Law in Alberta

Alberta Labour Relations Board:

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 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

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”.

Ontario Public Service Employees Union (Ranger) Union – and – The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)

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.

Click to read more.

Ontario case law, workplace bullying