It was highly doubtful that the court would allow an award of $1,000,000 to stand given the court’s recent decision in Pate Estate v. Galway-Cavendish and Harvey (Township), 2013 ONCA 669, considered by this blog in the post Wrongful Dismissal Damages Carry Punitive Elements: ONCA. Boucher v. Wal-Mart Canada Corp., 2014 ONCA 419 (CanLII). And the jury awarded Boucher damages of $250,000 against Pinnock, made up of $100,000 for intentional infliction of mental suffering, and $150,000 in punitive damages (awards for which Wal-Mart is vicariously liable as Pinnock’s employer). I award $50,000 compensatory damages for intentional infliction of mental suffering, relying on Boucher v. Wal-Mart Canada Corp ., 2014 ONCA 419 (Ont. The jury also awarded her damages of $1,200,000 against Wal-Mart, made up of $200,000 in aggravated damages for the manner in which she was dismissed, and $1,000,000 in punitive damages. By Erin Brandt. Each Wednesday we tell you which three English-language cases and which French-language case have been the most viewed* on CanLII and we give you a small sense of what the cases are about. This decision appears to be on a collision course with the Supreme Court of Canada’s 2008 decision in Honda Canada Inc. v. Keays decision.In the Honda case, a disabled employee was awarded, among other things, … However, the lesson from this case is that when such complaints are made, the employer has a duty to respond and deal with those complaints. On May 22, 2014 the Ontario Court of Appeal (OCA) released the Boucher v. Wal-Mart Canada decision. The Ontario Court of Appeal, Hoy, A.C.J.O. Boucher v. Wal-Mart Canada Corp. should be seen as a historic landmark for the idea that workplace bullying in Canada per se is actionable misconduct and that employers are required to … (See paragraphs 48 and 51 of the decision, mentioned above.). Damages - Loss of Earning Capacity Boucher v Wal-Mart Canada Corp. (Ont CA, 2014) In this wrongful dismissal case the Court of Appeal addressed the elements of the tort of intentional infliction of mental suffering: The tort of intentional infliction of mental suffering has three elements. In expressing the court’s condemnation of Wal-Mart’s actions, Justice Lasin wrote: In deciding that the award of punitive damages against Wal-Mart should be reduced, however, Justice Laskin wrote: Briefly, Ms. Boucher cross-appealed, arguing, similar to what was argued in the case ofPiresferreira, that on account of Mr. Pinnock’s actions she was no longer able to work and should therefore be compensated for all her lost earnings potential. Cite: [2004] O.A.C. It could rock the wrongful dismissal world. It is important to note that the Court did not view Wal-Mart’s decision to remove Gail’s role and responsibilities in January 2010 as constituting bad faith. Wal-Mart Canada Corp. (“Wal-Mart”) convinced the Ontario Court of Appeal that a million dollar punitive damage award assessed by a Windsor jury in an employment matter was not “rationally necessary” to deter the alleged misconduct. Employee Dismissal: A Morality Tale (Galea v. Wal-Mart Canada) January 17, 2018. R. v. Boucher (R.) (2004), 187 O.A.C. However, more recently in Boucher v. Wal-Mart Canada Corp.13, when the Court of Appeal next considered a punitive damage award in the employment context, it reduced the award of 9 2011 ONSC 1480 (CanLII). Wal-Mart was aware of Mr. Pinnock’s conduct and either failed or refused to do anything about it. The above is not intended to be legal advice for any particular situation. For my thoughts upon that issue, I would direct readers to the post Tort Damages Place in Wrongful Dismissal Cases . JN.099. Based on the aforementioned, and relying on the decision of Boucher v.Wal-Mart Canada Corp., 2014 ONCA 419, the court maintained: [28] The plaintiff alleges that the defendant allowed bullying, violence and harassment in the workplace and further that the plaintiff was terminated because she complained of the bullying, violence and harassment. In the same decision, however, the court upheld the award of $100,000 in damages for intentional infliction … You can search by the SCC 5-digit case number, by name or word in the style of cause, or by file number from the appeal court. 3, at para. In its decision, the Court of Appeal found the award for intentional infliction of mental suffering reasonable and refused to interfere with the amount. As always, everyone’s situation is different. The jury found that Boucher had been constructively dismissed and awarded her damages equivalent to 20 weeks salary, as specified in her employment contract. Access all information related to judgment Boucher v. The Queen, 1954 CanLII 3 (SCC), [1955] SCR 16 on CanLII. The court agreed that the manager’s behaviour was wrong and worthy of sanction. As this award was one of the highest of its kind in Canada, we thought the case was worth special mention. Whereas Justices Laskin and Tulloch awarded $100,000 in punitive damages against Wal-Mart, Associate Chief Justice Hoy would have only awarded $25,000. (CanLII). 2015) case opinion from the District of New Jersey U.S. Federal District Court However, as McLachlin C.J.C. Wal-Mart Canada Corp., 2014 ONCA 419 (CanLII) See full case on CanLII. It could rock the wrongful dismissal world. The lessons from Boucher v. Wal-Mart Canada Corp., 2014 ONCA 419 are critical for responsible organizations. Image: blogs.windsorstar.com On May 22, 2014 the Ontario Court of Appeal (OCA) released the Boucher v. Wal-Mart Canada decision. Quick Rundown of Facts Boucher was a female assistant manager who was subjected to a pattern of verbal abuse at the hands of the manager for a extended period of time. 193 On the tort of invasion of privacy (false light and public disclosure of private facts), I award damages of $100,000, considering the conduct here and the range in the cases identified in Rutman v. Her Majesty The Queen (appellant) v. CanLII is a non-profit organization managed by the Federation of Law Societies of Canada. Ms. Boucher was entitled to damages as a result and acted reasonably in the decision to leave her employment with Wal-Mart. CanLII's goal is to make Canadian law accessible for free on the Internet. Big. However, the recent decision of the Ontario Court of Appeal in Boucher v Wal-Mart Canada Corp. and Pinnock, 2014 ONCA 419 (CanLII), highlights that a failure to adhere to those policies in a fair and even-handed manner can prove costly to an employer. However, on that point, the only decision with which Associate Chief Justice Alexandra Hoy partied company with Justices Laskin and Tulloch was the award of punitive damages against Wal-Mart. 3:2012cv07866 - Document 40 (D.N.J. TBEd. C.A.). C.A.) Erin Brandt. As is set out in the reasons for decision of the Court of Appeal for Ontario: As mentioned above, the case was tried before a judge and a jury. Boucher v. Wal-Mart Canada Corp., 2014 ONCA 419 (CanLII), Massive Aggravated Damage Awards Contain a Punitive Element, ONCA softens test for intentional infliction of mental suffering, Wal-Mart Rolls Back Award of Punitive Damages, Court Takes Strong Stance on Employee Bullying, Western University's Law Students' Association. n a decision released earlier this week, the Court of Appeal for Ontario reduced an award of punitive damages against a Wal-Mart manager from $150,000 to $10,000, and against Wal-Mart itself from $1,000,000 to $100,000. The lessons from Boucher v. Wal-Mart Canada Corp., 2014 ONCA 419 are critical for responsible organizations. In December 2017, an Ontario Court ordered Wal-Mart Canada to pay a dismissed executive $750,000 in punitive and moral damages. 10 ibid at para. A quick tip of the hat to fellow Kelly Santini LLP employment lawyer, Shawn O'Connor for the title of this post. dissenting in part, upheld the award of $100,000 against Pinnock for intentional infliction of mental suffering, and the aggravated damages award of $200,000 against Wal-Mart. On November 14, 2009, Wal-Mart informed Boucher that it had conducted an investigation and concluded that (i) Boucher’s complaints were unsubstantiated, and (ii) Boucher was trying to undermine Pinnock’s authority. Boucher cross-appealed against Wal-Mart, asking for $726,601 to compensate her for her loss of income until retirement. In Boucher v. Wal-Mart Canada Corp., the Ontario Court of Appeal awarded over $400,000 in damages to a former Wal-Mart employee who had been subjected to ongoing, abusive conduct by her supervisor. In an earlier post on this blog following that initial award, Former Walmart Employee Awarded $1.5 Million for Mistreatment, I wrote the following: Now that the decision from the Court of Appeal has been released, more information is available. said in Blackwater v. Plint, 2005 SCC 58 (CanLII), [2005] 3 S.C.R. Complaints will come notwithstanding all best efforts. This decision appears to be on a collision course with the Supreme Court of Canada’s 2008 decision in Honda Canada Inc. v. Keays decision. To me, it would appear that the Court of Appeal may have now softened its position on the availability of tort damages in the employment context. Be the first to add a negative treatment flag to help our community. His wit should be acknowledged. The facts simply did not support the argument. Boucher v. Wal-Mart Canada Corp., 2014 ONCA 419 (CanLII) n a decision released earlier this week, the Court of Appeal for Ontario reduced an award of punitive damages against a Wal-Mart manager from $150,000 to $10,000, and against Wal-Mart itself from $1,000,000 to $100,000. Negative Treatment. Galea v. Wal-Mart Canada Corp., 2017 ONSC 245 (CanLII). In addition to moral damages, Justice Emery also issued an award of punitive damages. This website provides access to court judgments, tribunal decisions, statutes and regulations from all Canadian jurisdictions. Obviously, Wal-Mart is now on the hook for a considerable sum of money, even with the court’s reductions. I will start by saying that the Court of Appeal’s decision with respect to the punitive damages’ awards hardly surprises me. • Boucher v. Wal-Mart Canada Corp., 2014 ONCA 419 (Ont. The case is called Boucher v. Walmart Canada. Her Honour agreed with the balance of the Court of Appeal’s decision. Fortunately for Wal-Mart, the Court of Appeal decided that a jury's record awards of $1.1 million in punitive damages for workplace bullying were … Has this case received negative treatment? 11 2013 ONCA 669 (CanLII). dissenting in part, upheld the award of $100,000 against Pinnock for intentional infliction of mental suffering, and the aggravated damages award of $200,000 against Wal-Mart. 133. Boucher v. Wal-Mart Canada Corp., 2014 ONCA 419 (CanLII) concerned an appeal by Wal-Mart of the much-celebrated jury award of $1,000,000 in punitive damages against the retailer. Has this case received negative treatment? For this last week: 1. 12 ibid at … He can be reached at (403) 303-1791 or tmitchell@mross.com. This amount is consistent with the decision of the Court of Appeal in Boucher v. Wal-Mart Canada Corp., 2014 ONCA 419 (CanLII) that upheld an award in that amount for aggravated damages. “ONCA softens test for intentional infliction of mental suffering“, Boucher v. Wal-Mart Canada Corp., 2014 ONCA 419 (CanLII), Sean Bawden, Labour Pains * Sarah Sutherland, CanLII’s Manager of Content and Partnerships, gets an honourable mention as CanLII staff’s contributions to CanLII Connects are excluded from the top 10 list. Boucher v. Wal-Mart Canada Corp., 2014 ONCA 419 (CanLII), Court Takes Strong Stance on Employee Bullying, Western University's Law Students' Association, Massive Aggravated Damage Awards Contain a Punitive Element, Galea v. Wal-Mart Canada Corp., 2017 ONSC 245 (CanLII). Changing the test from requiring the plaintiff to show that the defendant intended to produce the physical harm that resulted to requiring the plaintiff to only show that the defendant intended to cause some harm, namely the resignation of the plaintiff, significantly reduces the evidentiary burdens on plaintiffs and significantly lowers the threshold for the award of such damages, I would submit. 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