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RCMP officer awarded $141,000 in damages for workplace harassment and intentional infliction of mental suffering.
The plaintiff, an RCMP officer, brought a civil action against the RCMP and his superior officers for harassment, intentional infliction of mental suffering, and other torts.
The claims arose after the plaintiff participated in a political nomination meeting, which led his superiors to punitively transfer him out of national security work, initiate an unfounded internal investigation into his credit card use, and stand him down during a national security emergency.
The Superior Court of Justice recognized the tort of harassment in Ontario and found that the defendants' conduct was outrageous, flagrant, and caused the plaintiff severe emotional distress.
The court awarded the plaintiff $100,000 in general damages and $41,000 in special damages for lost income due to delayed promotional opportunities.
Motion to set aside order quashing mandamus application dismissed; courts cannot compel police to investigate crimes.
The applicant brought a motion under s. 21(5) of the Courts of Justice Act to set aside orders of single judges that quashed his application for mandamus and allowed interveners to participate.
The applicant sought to compel three police forces to investigate alleged criminal conduct by the CN Police Service.
The Divisional Court dismissed the motion, affirming that mandamus does not lie to compel police to investigate specific crimes, as police discretion in such matters is not subject to judicial dictation.
The court also upheld the costs awards and strongly criticized counsel for filing voluminous, uncoordinated materials, citing the culture shift required by Hryniak v. Mauldin.
