What are the elements of intentional infliction of mental distress or suffering?

Alberta, Canada


The following excerpt is from Canada Safeway Limited v United Food and Commercial Workers (Local 401), 2008 CanLII 88096 (AB GAA):

He went on at p. 72 to say: The decision that historically defined the elements of the tort of the intentional infliction of mental distress or suffering is Wilkinson v. Downton . . . . There, the plaintiff suffered nervous shock as a result of the defendant playing a practical joke. The defendant had stated to the plaintiff that her husband had had an accident. Although the court found that the defendant had no malicious purpose, the damage to the plaintiff was clearly foreseeable, and therefore compensable in tort. Thus, the elements of the tort of intentional infliction of mental distress or suffering that evolved at common law were the following: a) flagrant and extreme conduct; b) it is reasonably foreseeable that the conduct would cause distress or suffering; and c) the conduct must have caused actual harm.

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