E repeatedly phones S asking for sex, despite her married status. On one occasion, E goes to S's residence exposes himself. S sues, claiming emotional distress resulting from E's conduct.
Can S recover for her nervous shock (emotional distress?
Emotional distress is compensable in aggravated circumstances.
Court noted that medical evidence is not required. Severe emotional distress is recoverable if the defendant intentionally engages in conduct towards the plaintiff that is objectively or subjectively harmful. This is determined by:
** 1. Objective harm: with the purpose of inflicting emotional distress
** 2. Subjective harm: outrageous and intolerable actions that any reasonable person would know to be harmful
Appeal allowed. Decision in favour of Samms.
A similar finding in Canadian case law: Trans v Financial Debt Recovery.