False Light (Tort - Privacy): Difference between revisions
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==[http://canlii.ca/t/j4gqn Yenovkian v. Gulian, 2019 ONSC 7279 (CanLII)]== | ==[http://canlii.ca/t/j4gqn Yenovkian v. Gulian, 2019 ONSC 7279 (CanLII)]== | ||
[164] The test for intentional infliction of mental suffering as set out by the Court of Appeal in Piresferreira v. Ayotte, 2010 ONCA 384, para. 27 is: | |||
::(a) flagrant or outrageous conduct; | |||
::(b) calculated to produce harm; and | |||
::(c) resulting in a visible and provable illness. | |||
[165] I find that Mr. Yenovkian’s conduct was calculated to produce the kind of harm suffered by Ms. Gulian, or he knew that it was substantially certain to follow: Piresferreira v Ayotte, 2010 ONCA 384 at para 78. | |||
Revision as of 22:45, 8 March 2020
Yenovkian v. Gulian, 2019 ONSC 7279 (CanLII)
[164] The test for intentional infliction of mental suffering as set out by the Court of Appeal in Piresferreira v. Ayotte, 2010 ONCA 384, para. 27 is:
- (a) flagrant or outrageous conduct;
- (b) calculated to produce harm; and
- (c) resulting in a visible and provable illness.
[165] I find that Mr. Yenovkian’s conduct was calculated to produce the kind of harm suffered by Ms. Gulian, or he knew that it was substantially certain to follow: Piresferreira v Ayotte, 2010 ONCA 384 at para 78.
