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ARTICLE · 20 JUNE 2017

Saadati V. Moorhead: The Repudiation Of A Dubious Perception Of Mental Illness

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A unanimous decision of the Supreme Court released on June 2, 2017, filled a void in tort law when the Court stated that proof of a recognized psychiatric injury is no longer a precondition for...

CanadaLitigation, Mediation & Arbitration
D. Lynne Watt
D. Lynne Watt
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A unanimous decision of the Supreme Court released on June 2, 2017, filled a void in tort law when the Court stated that proof of a recognized psychiatric injury is no longer a precondition for the award of damages for mental injuries caused by negligence. Previously, it was common for courts to dismiss a claim for compensation for a mental injury caused by negligence when a party was unable to demonstrate the existence of a recognized psychiatric injury. This is no longer a hurdle that parties must face. In Saadati v. Moorhead, 2017 SCC 28, the Supreme Court ruled that to establish a mental injury, claimants must show evidence of a serious and prolonged disturbance that rises above ordinary annoyances, anxieties and fears.

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