In an action for negligence, a plaintiff may make a claim for
mental injury resulting from the defendant's conduct. For
years, the common law has struggled with the question of whether
the plaintiff needs to tender expert evidence to prove that she has
suffered a recognized mental illness. A 2017 decision of the
Supreme Court of Canada, Saadati v. Moorehead, 2017 SCC
28, puts this question to rest and reflects an important evolution
regarding the legal treatment and understanding of mental
injury.
Saadati involved a motor vehicle accident. The
plaintiff was driving a tractor-truck in British Columbia when it
was struck by the defendant's vehicle. This was the
plaintiff's second accident of five in a six-year span. The
plaintiff started an action against the defendant in negligence.
The action sought damages for non-pecuniary loss and past income
loss. The plaintiff was found by a Court to be mentally incompetent
in 2010 and a litigation guardian was appointed to
