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ARTICLE · 07 JULY 2023

Feelings Of Anger And Frustration Are Not Compensable Mental Injuries

Devry Smith Frank LLP
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Mental injuries can be as devastating as physical injuries to the people who experience them, but they are not as easily recognized as injuries by the courts.

CanadaLitigation, Mediation & Arbitration
Devry Smith Frank LLP
Devry Smith Frank LLP
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BOTHWELL V LONDON HEALTH SCIENCES CENTRE

Mental injuries can be as devastating as physical injuries to the people who experience them, but they are not as easily recognized as injuries by the courts. By law, individuals need to meet a high threshold to prove a compensable mental injury, which includes demonstrating impairment of cognitive functions or daily life. In general, this means that feelings of anger and frustration are not compensable mental injuries.

To put this in context, consider the following vignette:

You are driving home from work and enter an intersection when the light is green. Out of nowhere, another car comes rushing through the red light and crashes into you. You survive, but receive a concussion, several broken bones, and spinal injuries. Each of these injuries severely impact your ability to work and live your life. You also feel extreme frustration and anger that this happened to you through no fault of your own and because of another

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