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Employment & Labour

OCA solidifies the high threshold for the tort of IIMS

By Mackenzie Irwin

As my colleague reported earlier last week, the Ontario Court of Appeal (OCA) recently shut down the tort of harassment in this case. The Ontario Court of Appeal based their decision to eliminate the tort of harassment largely on the availability of other remedies to address the alleged harassing conduct.

In particular, the court pointed to the availability of the tort of intentional infliction of mental suffering (IIMS). In an earlier article, I outlined the tort of IIMS and how challenging it is to establish.

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