In the recent case of Cottrill v. Utopia Day Spas and Salons Ltd. (“Cottrill”), the BC Court of Appeal (BCCA) appears to have set out a new standard for aggravated damages (mental distress damages) in the employment context. Building on its earlier decision in Lau v. Royal Bank of Canada (“Lau”), the Court articulated a legal standard which requires a “serious and prolonged disruption that transcends ordinary emotional upset or distress” in order for mental distress damages to be awarded.
Continue reading the article “Mental Distress Damages in the Employment Context: A New Legal Standard?” that appeared in the Employment and Labour Law Reporter, December 2018.