When Workplace Harassment Crosses the Line
1. Why This Tort Exists
Ontario’s civil courts do not recognize a free-standing lawsuit for “harassment.” Even so, workers are not left without a remedy when misconduct becomes truly abusive. If mistreatment in the workplace is so cruel that it causes diagnosed psychological harm, an employee may sue for intentional infliction of mental suffering (IIMS). The legal threshold is demanding, but when it is met, damage awards can be significant.
2. The Three Essential Elements
To succeed, an IIMS claim must establish all of the following:
Outrageous Conduct
Behaviour that would shock a reasonable person—far beyond ordinary rudeness or tough management. Examples include public humiliation, persistent ridicule, or threats.Intent to Cause Harm
The perpetrator either meant to hurt the employee or, given the circumstances, knew the likely emotional consequences and acted anyway.Visible and Provable Injury
Objective evidence—usually a medical diagnosis—showing that the employee developed a recognizable mental-health condition such as anxiety, depression, or post-traumatic stress disorder.
If any one element is missing, the claim will fail, no matter how distasteful the behaviour.
3. A Landmark Decision: Boucher v. Wal-Mart Canada Corp.
In Boucher (2014 ONCA 419), a manager subjected an employee to months of public ridicule after she raised workplace concerns. Wal-Mart ignored repeated complaints. A jury awarded the employee $100,000 for IIMS; Ontario’s Court of Appeal upheld the verdict. The ruling confirms that:
Employers can be liable both for a manager’s misconduct and for failing to step in once aware of it.
Courts will preserve large awards when there is clear proof of abuse and resulting illness.
Prompt intervention is mandatory—ignoring bullying can be costly.
4. Situations Where IIMS May Apply
This tort is reserved for extreme cases, not routine conflicts or even unfair discipline. It may be appropriate when:
An employee is the target of relentless, degrading behaviour.
Management or colleagues act in a cruel, abusive manner.
The employer does nothing despite being informed of the conduct.
The employee develops a medically recognized mental-health condition directly linked to the mistreatment.
Often, IIMS is pleaded alongside claims for constructive dismissal, human-rights breaches, or occupational-health-and-safety violations.
5. How Vanguard Law Can Help
Whether you are:
An employee experiencing severe workplace abuse and mental distress, or
An employer navigating a complex harassment allegation,
the team at Vanguard Law offers practical, strategic guidance across Ontario. We conduct investigations, negotiate resolutions, and litigate when necessary.
Need advice about intentional infliction of mental suffering?
Contact Vanguard Law today for a confidential consultation and protect your rights before the situation escalates.