Skip to Content

LTD Benefits

"Accommodating Employees Who Have Made LTD Claims"

"Accommodating Employees Who Have Made LTD Claims" (undated) is the title of a paper written by Lauren M. Bernardi, at Bernardi Human Resources Law.

Tort of negligent infliction of mental suffering not available in employment context, ONCA rules

In an important decision that came out on May 28, 2010 - Piresferreira v. Ayotte, 2010 ONCA 384 - the Ontario Court of Appeal ruled that employees cannot sue their employers for the tort of negligent infliction of mental suffering, at least in Ontario.

Background

At the time of the incident that led to the termination of her employment with Bell Mobility, the plaintiff, Ms. Pieresferreira, was an Account Manager, had 10 years service, was 60 years olds, and had received mostly excellent performance reviews.

As set out by the Court of Appeal, her supervisor, Mr. Ayotte, was a "critical, demanding, loud and aggressive manager" who was known to "swear at employees, had a temper and would bang his fist on the table to make a point" (para. 5).  read more »