Wal-Mart was aware of Mr. Pinnock’s conduct and either failed or refused to do anything about it. 10 ibid at para. The change is with respect to the criterion of the Prinzo test that, the flagrant or outrageous conduct must be “calculated to produce harm.” While the “harm” that the conduct was intended to produce has always been thought of, at least by me, as physical harm, i.e. R v Boucher is a famous Supreme Court of Canada decision where the Court overturned a conviction for seditious libel on the grounds that criticizing the government was a valid form of protest. 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. The above is not intended to be legal advice for any particular situation. 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 excessive. As regular readers of this blog will know, I have long taken issue with the Court of Appeal’s decision in Piresferreira v. Ayotte, 2010 ONCA 384. Has this case received negative treatment? Boucher met with Wal-Mart senior management again on October 26, 2009 regarding Pinnock’s behaviour. 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. 15) The Boucher v. Wal-Mart Canada Case Assignment – 2% Due before Module 11’s scheduled class time Student Name: Deepshika Suresh (N01350557) _____ ASSIGNMENT: Carefully review the Boucher v. Wal-Mart Canada Corp. 2014 ONCA 419 Case-in-Point entitled “Major Damages Awarded against Wal-Mart and its Manager” found on pages 569 – 571 of the textbook … Both Pinnock and Wal-Mart appealed the awards. If the decision stands, either because neither party appeals, or the Supreme Court of Canada declines to hear the case, or the Supreme Court of Canada agrees with this decision, then we may be seeing significantly more cases of intentional infliction of mental suffering cases coming out of the employment law world. The Ontario Court of Appeal in Boucher v. Wal-Mart Canada Corp., 2014 ONCA 419 (CanLII), summarizes the legal test that the Ontario Court follows in deciding to award punitive damages, as follows: The defendant’s conduct is reprehensible. • Boucher v. Wal-Mart Canada Corp., 2014 ONCA 419 (Ont. 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 costl y to an employer. Boucher v. Wal-Mart Canada Corp., 2014 ONCA 419 (CanLII). 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. It is always prudent to seek professional legal advice before making any decisions with respect to your own case. “a visible and provable illness”, which is the third criterion of the Prinzotest, in Boucher, Justice Laskin commented that the harm that was intended by the defendant was that the plaintiff would quit. Has this case received negative treatment? CanLII's goal is to make Canadian law accessible for free on the Internet. In December 2017, an Ontario Court ordered Wal-Mart Canada to pay a dismissed executive $750,000 in punitive and moral damages. 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. 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. By Erin Brandt. Wal-Mart Canada Corp., 2014 ONCA 419 (CanLII) See full case on CanLII. Negative Treatment. The case is called Boucher v. Walmart Canada. 378 (CA) MLB headnote and full text. 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. C.A.). 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. 133. Her Honour agreed with the balance of the Court of Appeal’s decision. 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. 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. 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. It is important to note that there was a split decision by the Court of Appeal, potentially leaving the door open to a further appeal to the Supreme Court of Canada. Cite: [2004] O.A.C. JN.099. Ms. Boucher was entitled to damages as a result and acted reasonably in the decision to leave her employment with Wal-Mart. This was set at $500,000 – an amount five times more than the last major punitive award given to Wal-Mart in a wrongful dismissal case (that of Boucher v. Wal-Mart Canada Corp, 2014 ONCA 419). In late May 2012, the Ontario Court of Appeal (“the Court”) (with one justice in dissent) varied those damages in Boucher v. Wal-Mart Canada Corp., … said in Blackwater v. Plint, 2005 SCC 58 (CanLII), [2005] 3 S.C.R. 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. 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, … As this award was one of the highest of its kind in Canada, we thought the case was worth special mention. 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. However, as McLachlin C.J.C. In the Honda case, a disabled employee was awarded, among other things, $500,000 punitive damages, 15 … The lessons from Boucher v. Wal-Mart Canada Corp., 2014 ONCA 419 are critical for responsible organizations. Be the first to add a negative treatment flag to help our community. Access all information related to judgment Boucher v. The Queen, 1954 CanLII 3 (SCC), [1955] SCR 16 on CanLII. Be the first to add a negative treatment flag to help our community. 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. His wit should be acknowledged. He can be reached at (403) 303-1791 or tmitchell@mross.com. The failure to do so will, as this case demonstrates, occasionally result in severe penalties being meted out by the courts. 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. Employer ordered to pay aggravated damages for failure to prop... Bassanese v. German Canadian News Company Limited et al., 2019 ONSC 1343 (CanLII), ONCA softens test for intentional infliction of mental suffering. 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). Dismissal Without Cause (Ch. The takeaway for employees from this case is that even with the significant reduction in the award of punitive damages against Wal-Mart and the belligerent manager, Ms. Boucher won. 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. I will start by saying that the Court of Appeal’s decision with respect to the punitive damages’ awards hardly surprises me. Ms. Boucher appealed as well. CanLII is a non-profit organization managed by the Federation of Law Societies of Canada. The lessons from Boucher v. Wal-Mart Canada Corp., 2014 ONCA 419 are critical for responsible organizations. In addition to moral damages, Justice Emery also issued an award of punitive damages. In that case, the Court of Appeal for Ontario held that the tort of negligent infliction of mental suffering was not available in the employment context. Tim Mitchell practises management-side labour and employment law with McLennan Ross LLP in Calgary. 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. 12 ibid at … ... Boucher v. Wal-Mart Canada Corp., 2014 ONCA 419 (CanLII) Received negative treatment in Contains negative treatment of Description. Wal-Mart was again ordered to pay punitive damages for deciding to terminate the employee but insensitively withholding that information for about ten months, leaving the plaintiff to drift in limbo all that time. Big. 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). Boucher cross-appealed against Wal-Mart, asking for $726,601 to compensate her for her loss of income until retirement. Her Majesty The Queen (appellant) v. Managing employees is difficult. 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 … In the same decision, however, the court upheld the award of $100,000 in damages for intentional infliction of mental suffering against the manager, and the award of $200,000 in aggravated damages against Wal-Mart. 2015) case opinion from the District of New Jersey U.S. Federal District Court The court agreed that the manager’s behaviour was wrong and worthy of sanction. Complaints will come notwithstanding all best efforts. 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. The Ontario Court of Appeal, Hoy, A.C.J.O. This decision from the Court of Appeal, I believe, is likely going to lead to even more claims of workplace harassment. Erin Brandt. 3, at para. 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. 3:2012cv07866 - Document 40 (D.N.J. On May 22, 2014 the Ontario Court of Appeal (OCA) released the Boucher v. Wal-Mart Canada decision. This website provides access to court judgments, tribunal decisions, statutes and regulations from all Canadian jurisdictions. If anyone has the means to take up an appeal to the Supreme Court of Canada, it most certainly is Wal-Mart. 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. 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. This case was heard in the New Brunswick Court of Queen's Bench (Trial Division).The plaintiffs in this case were a group of fishermen who alleged that the City of Miramichi was responsible for altering the water quality on the Miramichi River and disturbing their fishery. TBEd. 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. BOLGE v. WALMART STORES, INC. et al, No. For this last week: 1. The abuse began after Boucher refused to … 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. It could rock the wrongful dismissal world. 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. 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. I award $50,000 compensatory damages for intentional infliction of mental suffering, relying on Boucher v. Wal-Mart Canada Corp ., 2014 ONCA 419 (Ont. A quick tip of the hat to fellow Kelly Santini LLP employment lawyer, Shawn O'Connor for the title of this post. However, the challenge with Ms. Boucher’s argument was that the medical evidence demonstrated that she was capable of working only two months after she got away from Mr. Pinnock. (See paragraphs 48 and 51 of the decision, mentioned above.). Here you can indicate this case has given or received negative treatment in other courts. Obviously, Wal-Mart is now on the hook for a considerable sum of money, even with the court’s reductions. For my thoughts upon that issue, I would direct readers to the post Tort Damages Place in Wrongful Dismissal Cases . The facts of the case demonstrate that a former assistant store manager of a Windsor Wal-Mart store, the plaintiff in the case, was a good employee who was treated very poorly by her immediate supervisor, the store manager, one of the defendants. Boucher cross-appealed against Wal-Mart, asking for $726,601 to compensate her for her loss of income until retirement. She also continued to report specific examples of his abuse. C.A.) The Ontario Court of Appeal, Hoy, A.C.J.O. Damage awards of $60,000 for bad faith dismissal and $25,000 f... Doyle v. Zochem Inc., 2017 ONCA 130 (CanLII), ONSC Awards $100,000 for Tort of Harassment, Merrifield v The Attorney General, 2017 ONSC 1333 (CanLII). 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). The facts simply did not support the argument. In upholding the award, Justice Laskin noted, with reference to the test for such damages established by the Court of Appeal in Prinzo v. Baycrest Centre for Geriatric Care, 2002 CanLII 45005 (ON CA): In reducing the award of punitive damages, Justice Laskin commented as follows: With respect to the appeal by Wal-Mart, the court again declined to interfere with the jury’s award of $200,000 for aggravated damages. The number four spot goes to Boucher v.Wal-Mart Canada Corp., 2014 ONCA 419 (CanLII), which was summarized by this blog in the post Wal-Mart Rolls Back Award of Punitive Damages. Image: blogs.windsorstar.com On May 22, 2014 the Ontario Court of Appeal (OCA) released the Boucher v. Wal-Mart Canada decision. In its decision, the Court of Appeal found the award for intentional infliction of mental suffering reasonable and refused to interfere with the amount. R. v. Boucher (R.) (2004), 187 O.A.C. 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. The jury found that Boucher had been constructively dismissed and awarded her damages equivalent to 20 weeks salary, as specified in her employment contract. Employee Dismissal: A Morality Tale (Galea v. Wal-Mart Canada) January 17, 2018. (CanLII). This page contains a form to search the Supreme Court of Canada case information database. Doubling Down Damages – The Ontario Court of Appeal Sends St... Strudwick v. Applied Consumer & Clinical Evaluations Inc., 2016 ONCA 520 (CanLII). As always, everyone’s situation is different. 11 2013 ONCA 669 (CanLII). 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 … What is surprising is the Court’s potential change in the law of intentional infliction of mental suffering. 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. 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. In the same decision, however, the court upheld the award of $100,000 in damages for intentional infliction … 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. Galea v. Wal-Mart Canada Corp., 2017 ONSC 245 (CanLII). Whereas Justices Laskin and Tulloch awarded $100,000 in punitive damages against Wal-Mart, Associate Chief Justice Hoy would have only awarded $25,000. In particular, the Court wrote: “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. 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