April 29, 2025

By Brian Babcock

Emotional distress can have serious consequences, affecting mental health, relationships, and overall well-being. But can you sue for emotional distress in Ontario? The answer is yes—but with important legal nuances. Ontario law recognizes claims for emotional distress under specific circumstances, primarily through the tort of “intentional infliction of mental suffering” or in cases of negligence.

Understanding Emotional Distress in Ontario Law

Ontario law does not have a standalone cause of action for emotional distress, but individuals may pursue claims under two key legal doctrines:

1. Intentional Infliction of Mental Suffering (IIMS)
   • This tort applies when a defendant’s actions are deliberate and cause severe emotional harm. To succeed, the plaintiff must prove:
     • The defendant engaged in flagrant or outrageous conduct;
     • The defendant intended to cause harm or knew that harm was likely; and
     • The plaintiff suffered a recognizable psychiatric injury as a result.
   • Ontario courts have set a high bar for this claim. Emotional upset alone is insufficient—there must be evidence of a medically recognized psychiatric condition, such as depression or post-traumatic stress disorder (PTSD).
2. Negligence Leading to Psychological Harm
   • Emotional distress may also be compensable in negligence cases if:
     • The defendant owed a duty of care to the plaintiff;
     • The defendant’s conduct breached that duty;
     • The plaintiff suffered a recognized psychiatric injury as a result.
   • This principle often arises in personal injury cases, where psychological harm accompanies physical injuries.

Key Ontario Cases on Emotional Distress

Ontario courts have addressed emotional distress claims in various contexts. Notable cases include:

• Boucher v. Wal-Mart Canada Corp. (2014): The Ontario Court of Appeal upheld a significant damages award for a plaintiff who suffered mental distress due to workplace bullying, reinforcing that egregious conduct can justify compensation.
• Merrifield v. Canada (Attorney General) (2019): This case clarified that there is no general free-standing tort of “harassment” in Ontario, emphasizing that claims must fall under IIMS or negligence.
• Saadati v. Moorhead (2017, SCC): Though not an Ontario case, the Supreme Court of Canada ruled that claimants do not need expert medical evidence to prove a psychiatric injury, potentially making emotional distress claims more accessible. It calls into question the need for a “recognizable psychiatric injury”, as psychiatric evidence is not required. Still, in most cases, you will need medical evidence.

Challenges in Proving Emotional Distress Claims

Suing for emotional distress is challenging due to:

• The difficulty in proving the injury in the absence of good medical evidence;
• The high threshold for intentional infliction cases (flagrant conduct and intent to harm);
• The difficulty in quantifying damages for emotional harm compared to physical injuries.

Takeaways

• While Ontario law does recognize emotional distress claims, they must meet strict legal criteria.
• If you believe you have suffered emotional distress due to someone’s intentional actions or negligence, consulting a lawyer is crucial.
• Whether pursuing a claim for intentional infliction of mental suffering or psychological harm due to negligence, plaintiffs must provide strong evidence to succeed.
• An experienced Ontario lawyer can assess whether your claim meets the legal standards and guide you through the litigation process.

What Weilers LLP Can Do to Help You

The litigation team at Weilers LLP has experience with emotional distress claims, most notably defending the case of Colistro v. Tbaytel in which the Ontario Court of Appeal upheld the trial judge’s decision that there was no intentional infliction of emotional harm.

Whether you have suffered harm, or are being sued, we know the law and have the advocacy skills to represent you. Give us a call and see if we are the right lawyers for you.