This just in; CNN and the Canadian media are being sued for the video footage related to the recent Toronto airline disaster since they failed to post a viewer discretion notice before airing the video and they were therefore reckless. Click here for more.
This just in; CNN and the Canadian media are being sued for the video footage related to the recent Toronto airline disaster since they failed to post a viewer discretion notice before airing the video and they were therefore reckless. Click here for more.
The tort of intentional infliction of emotional distress, also known as intentional infliction of mental suffering, allows victims to sue for damages caused by severe emotional distress.
Elements of the tort
- The defendant's conduct was intentional or reckless
- The defendant's conduct was extreme and outrageous
- The defendant's conduct was calculated to cause harm
- The defendant's conduct resulted in a visible and provable illness or injury
Examples of the tort Verbal abuse, Humiliating or demeaning conduct, Conduct that torments or belittles the victim, and Conduct that is calculated to cause the victim to quit.
Evidence to support a claim
- Medical reports
- Expert testimony from mental health professionals
- Evidence of how the distress has affected daily life, work, and relationships
Case examples Prinzo v Baycrest Centre for Geriatric Care (2002), Boucher v Wal-Mart Canada Corp. (2014), Saadati v Moorhead (2017), and Benison v. McKinnon (2021).
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