The appellant sued her former employer for wrongful dismissal and its executive chairman for intentional and negligent infliction of nervous shock.
The motion judge struck the claim against the executive chairman, finding he was protected by a limitation of liability clause in the appellant's employment contract.
On appeal, the Court of Appeal upheld the decision, applying the London Drugs exception to privity of contract.
The Court found the parties intended the limitation clause to apply to the executive chairman, who was acting in the course of his employment when he terminated the appellant.
