Appeals judge voids Mountie’s lawsuit win

Ontario’s highest court has overturned a ruling that granted an RCMP sergeant more than $100,000 in damages for years of harassment by superiors, saying the judge made several legal and factual errors.

The Court of Appeal for Ontario says the judge overseeing Peter Merrifield’s lawsuit erred in recognizing a new, freestanding “tort of harassment,” which would establish harassment as a separate wrong or breach for which someone can be held civilly liable. The appeal court says such a tort does not currently exist in Ontario.

It says Ontario Superior Court Justice Mary Vallee also made mistakes in determining that Merrifield’s superiors behaved in a way that constitutes intentional infliction of mental suffering — which is a recognized tort. Vallee found senior Mounties had behaved egregiously in a campaign of harassment against Merrifield after they decided he lied about his run for political office. She awarded Merrifield $141,000 in damages and $825,000 in legal costs. The federal government and two RCMP managers appealed.

Merrifield alleged his superiors waged a seven-year campaign to damage his reputation after he took part in a federal Conservative nomination meeting in Barrie in 2005.

The court granted the appellants the costs of the appeal, Merrifield’s cross-appeal and the initial trial and gave them 10 days to make submissions on the issue.