In Saadati v. Moorhead, 2017 SCC 28 [Saadati],
the Supreme Court of Canada ("SCC") held that it is not
necessary for a plaintiff to adduce expert evidence establishing an
identifiable medical diagnosis in order to recover for
psychological harm; the evidence of lay witnesses can suffice. This
arguably marks a departure from the Court's concern regarding
the "spectre of indeterminate liability" which, in the
past, has prevented the Court from opening new avenues for
recovery.
In July 2005, the plaintiff, Mr. Mohsen Saadati, was in a Motor
Vehicle Accident with Mr. Moorhead (the "Accident"). The
Accident was the second of five motor vehicle accidents the
Plaintiff was in between 2003 and 2009. Ambulance attendants on
scene noted that the Plaintiff appeared emotionally
"shaken" but observed no injuries that warranted taking
the Plaintiff to hospital. The Defendant, Moorhead, admitted
liability for the Accident but argued that the Plaintiff had not
suffered any injuries.
