The Supreme Court of Canada has coined the phrase “mental injury” in a sweeping decision abolishing misguided prejudices over “psychological”, “emotional” or “psychiatric” injury claims in the law of tort. The requirement that an injury claimant suffer a medically recognized psychiatric or psychological illness or condition, as a bar to recover, has been eliminated. The ICBC injury claimant’s award of $100,000…
When it comes to psychological injury and psychiatric injury claims after a car accident a vulnerability to injury is not required if the emotional injury is proven as being caused by the collision. However, alternative but equally acceptable is the “egg shell personality” approach for individuals that may have suffered from prior psychological conditions in remission. One…
In a dramatic admission of medical illiteracy the Court of Appeal conceded that absent expert medical opinion evidence, a judge is not qualified to say what is, or is not, an illness (Saadati v. Moorhead,2015 BCCA 393). The trial judge refused to accept the claimant had suffered a brain injury but found that he had…