Wilson J. recognized the existence of the tort of intentional infliction of mental suffering at para. 46 [p. 26] of her dissent in Frame v. Smith (1987), 1987 CanLII 74 (SCC), 42 C.C.L.T. 1, 42 D.L.R. (4th) 81 (S.C.C.), although she would not have extended the tort to disputes respecting custody and access as this would not be in the best interests of the children.
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