In 2012, we reported on an Ontario jury award of approximately
$1.5 million damages to a 42-year-old former assistant manager who
resigned her employment at Wal-Mart after being verbally abused and
harassed by her 32-year-old store manager. At trial, the employee
was found entitled to $200,000 for intentional infliction of mental
suffering, $1 million in punitive damages and $10,000 for assault.
The manager was ordered to pay $100,000 for intentional infliction
of mental suffering and $150,000 in punitive damages. We noted that
an appeal of the award, the highest in Canada at that time, was a
virtual certainty. In fact, both parties appealed.
In Boucher v Wal-Mart Canada Corp., 2014
ONCA 419, the Ontario Court of Appeal significantly reduced the
punitive damages and dismissed the employee's claim for loss of
wages. The Court of Appeal held that a punitive award of $200,000
was sufficient to punish Wal-Mart, having regard to the magnitude
of the compensatory damages
