Court File and Parties

CITATION: Veri v. Simpson, 2010 ONCA 65

DATE: 20100126

DOCKET: C50976

COURT OF APPEAL FOR ONTARIO

Laskin, Armstrong and Juriansz JJ.A.

BETWEEN

Marlana Veri

Plaintiff (Appellant)

and

Mill Creek Motor Freight LP and Robert Simpson

Defendants (Respondent)

COUNSEL:

John W. Bruggeman, for the appellant

Anthony Keller, for the respondent

HEARD: January 25, 2010

On appeal from the order of Justice G.E. Taylor of the Superior Court of Justice, dated July 2, 2009.

APPEAL BOOK ENDORSEMENT

[1] We called on the respondent on one issue: whether the claim for intentional infliction of mental or emotional harm raises a genuine issue for trial. In our view, it does not.

[2] Evidence of harm or illness is an essential element of this tort. In the eight years that this matter has been outstanding, the appellant has produced no evidence of harm, and in oral argument, acknowledged that she has not done so.

[3] Accordingly, the appeal is dismissed, with costs fixed at $3,500, all inclusive.