What is the test for a claim for mental distress brought by a former employee of an insurance company alleging that it had cause to dismiss her?
Alberta, Canada
The following excerpt is from Schmidt v. Sears Canada Inc., 1995 CanLII 9284 (AB QB):
In response, the defendant states that when it alleged it had cause to dismiss the plaintiff the termination was not handled in an insensitive way. To justify a claim for mental distress, the plaintiff must show that the company’s conduct “giving rise to this claim constitutes a separate, actionable wrong (or itself constituted a breach of contract)” (see Vorvis v. Insurance Corp. of British Columbia, 1989 CanLII 93 (SCC), [1989] 1 S.C.R. 1085).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is there any requirement that an insurer honour a collision claim from its own insured before it can consider a subrogated claim from the other insurer? (Alberta, Canada)
Can an employer rely on after-acquired knowledge of misconduct to support an allegation that cause for dismissal existed at the time of the dismissal? (Alberta, Canada)
What is the impact of delay in determining a claim against an employee benefit company? (Alberta, Canada)
What is the test for damages for mental distress in a wrongful dismissal case? (Alberta, Canada)
In what circumstances will an insurer be able to proceed with a statement of claim for a motor vehicle accident due to the length of the claimant's claim? (Alberta, Canada)
What is the necessary mental element to prove that a threat uttered with the intent to intimidate or cause fear has the required mental element? (Alberta, Canada)
Can shareholder of a company take action against the person who causes damage to the company? (Alberta, Canada)
What is the test for a constructive dismissal claim if an employee is not treated with civility, decency and respect? (Alberta, Canada)
Can a plaintiff bring a claim for mental distress in a breach of contract? (Alberta, Canada)
Can an insurer recover against a third party for property damage caused by the insured? (Alberta, Canada)
