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ARTICLE · 08 SEPTEMBER 2017

Mental Injury And Negligence Law – Recognized Psychiatric Illness Not Required

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In the recent decision of Saadati v. Moorhead, 2017 SCC 28 (CanLII), the Supreme Court of Canada rejected the argument that claims for mental injury are subject to a different test than claims for physical injury...

CanadaLitigation, Mediation & Arbitration
Sandra Hawes
Sandra Hawes
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In the recent decision of Saadati v. Moorhead, 2017 SCC 28 (CanLII), the Supreme Court of Canada rejected the argument that claims for mental injury are subject to a different test than claims for physical injury, holding that the law of negligence accords identical treatment to mental and physical injury.

As stated by Brown J. for the Court, "Recovery for mental injury in negligence depends upon the claimant satisfying the criteria applicable to any successful action in negligence: a duty of care, a breach, damage, and a legal and factual causal relationship between the breach and the damage. Canadian negligence law recognizes that a duty exists at common law to take reasonable care to avoid causing foreseeable mental injury, and that this cause of action protects a right to be free from negligent interference with one's mental health. The ordinary duty of care analysis is therefore to be applied to claims for negligently caused mental injury. In particular,

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