John Yach

Following an appeal that reduced the respondents' damages from $500,955 to $147,855, the court determined the costs of the trial.

The court considered various settlement offers made by both parties, including a non-compliant offer by the respondents that remained open and a mid-trial offer by the appellants.

The court also noted the appellants' failure to contest the negligence issue at trial, which required the exercise of the court's discretion on appeal and likely affected the respondents' settlement decisions.

The respondents were awarded trial costs fixed at $140,000.

The respondent employee was pushed by her supervisor during a confrontation and subsequently placed on a performance improvement plan.

She sued for constructive dismissal and various torts.

The trial judge found the employer and supervisor liable for battery, intentional infliction of mental suffering, and negligent infliction of mental suffering.

On appeal, the Court of Appeal held that the tort of negligent infliction of mental suffering is not available in the employment context.

The Court also found the elements for intentional infliction of mental suffering were not met.

The appeal was allowed in part, reducing the tort damages to $15,000 for battery, but upholding the constructive dismissal and awarding $45,000 for mental distress under the Honda framework.