July 3, 2020 – Tort of Intentional Infliction of Emotional Distress

“The Ontario Court of Appeal recently affirmed the elements necessary to prove the tort of intentional infliction of emotional distress: Prinzo v. Baycrest Centre for Geriatric Care (2002), 2002 CanLII 45005 (ON CA), 60 O.R. (3d) 474 (C.A.). The tort of intentional infliction of mental suffering has three elements. The plaintiff must prove:

1.   The defendant’s conduct was flagrant and outrageous;

2.   The defendant’s conduct was calculated to harm the plaintiff;

3.   The defendant’s conduct caused the plaintiff to suffer a visible and provable illness.”

A.H. v. D.K. and E.A., 2018 ONSC 4173 (CanLII) at 62