Can allegations of harassment fall under the tort of intentional infliction of mental suffering?
Ontario, Canada
The following excerpt is from Holland v. Toronto Police Services Board, 2021 ONSC 5727 (CanLII):
However, allegations of harassment can “fall under” the tort of intentional infliction of mental suffering, which requires that the plaintiff demonstrate that the conduct of the defendant: (1) was flagrant and outrageous; (2) was calculated to produce harm; and (3) resulted in visible and provable illness: Merrifield v. Canada (Attorney General), 2019 ONCA 205 at para. 45.
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