What is the test for intentional infliction of emotional distress?
Ontario, Canada
The following excerpt is from Thelwell v. Elaschuk, 2020 ONSC 340 (CanLII):
First, with respect to the allegation of intentional infliction of emotional distress, a plaintiff must establish that there was (1) flagrant or outrageous conduct; (2) that the conduct was calculated to produce harm; and (3) that harm in the form of a visible or provable illness ensued; Boucher v. Wal-Mart Canada Corp., 2014 ONCA 419 (“Boucher”) at para. 41.
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