What are the elements of the tort of intentional infliction of harm?
British Columbia, Canada
The following excerpt is from Universe v. Fraser Health Authority, 2019 BCCA 234 (CanLII):
The elements of the tort of intentional infliction of harm are: (1) flagrant or outrageous conduct; (2) that is calculated to produce harm; and (3) results in a visible provable illness: Young v. Borzoni, 2007 BCCA 16 at para. 24. These elements are not established on the facts as pleaded, nor could they be. The respondent lawyers listed and produced documents as they were required to do pursuant to the Rules. The conduct could not be considered flagrant or outrageous or have been calculated to produce harm; rather, it was performed as a required step in the civil litigation process.
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