POLS 2350 Lecture Notes - Lecture 6: Wrongful Death Claim, False Imprisonment, Malicious Prosecution
4 Apr 2018
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Conduct of the employer has to be outrageous, intentional and suffered stress and the conduct was what caused the stress. Fell below the threshold for bard but was enough for the balance of probabilities. Some find these cases are best for sexual assault cases: putting them back in the same positon is compensation it tends to be monetary damages. It is not about punishing the defendants rather just compensation. It is not to punish the other party. Statutory human rights regimes as decided by the scc in bhasauria v. seneca college. Statues can cloud out torts, statue controls over the tort. Solution would be the human rights committee: might change if there was no statutory protection. Really just reflects priority of statue over common law. If there is a statue in a non criminal context that will trump the tort. Classic cases for each of these but we can"t talk about them all.
