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Aggravated damages for mental distress hard to prove without evidence

Tuesday, February 14, 2017 @ 2:12 PM | By Tom Venetis

A case that came before the Ontario Superior Court of Justice highlights the need for appellants to bring evidence of actual mental distress when seeking aggravated damages.

Walker v. Hulse, Playfair and McGarry 2017 ONSC 358 involved an appeal of a decision from small claims court. On Jan. 31, 2014, James Howard Walker commenced an action against his former employer, the appellants Hulse, Playfair and McGarry, seeking damages for wrongful dismissal, mental distress, aggravated damages, punitive damages and intentional infliction of mental suffering. Walker was self-represented...