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ARTICLE · 10 AUGUST 2017

Big Win For Injured Claimants

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The Supreme Court of Canada has found an injured claimant does not need to have a diagnosed psychological/psychiatric injury in order to recover for a mental injury sustained in an accident.

CanadaLitigation, Mediation & Arbitration
Ashleigh Leon
Ashleigh Leon
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The Supreme Court of Canada has found an injured claimant does not need to have a diagnosed psychological/psychiatric injury in order to recover for a mental injury sustained in an accident.

In Saadati v. Moorhead, 2017 SCC 28, the claimant was injured in a series of five motor vehicle accidents but claimed the second accident caused his mental injuries. At trial, the judge held that he had in fact suffered a mental injury as a result of the second accident despite not being provided with any expert evidence to that effect. Instead, the trial judge's findings were based on the testimony of the claimant's friends and family who testified that his personality had changed for the worse following the accident.

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