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ARTICLE · 15 MARCH 2011

Upset, Concern And Worry Aren’t Enough

Siskinds LLP
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The Ontario Court of Appeal has agreed: upset, concern and worry aren’t enough to warrant compensation.

CanadaLitigation, Mediation & Arbitration
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The Ontario Court of Appeal has agreed: upset, concern and worry aren't enough to warrant compensation.

In Healey v. Lakeridge Health, thousands of people were warned that they might have been exposed to tuberculosis while visiting the emergency room or oncology treatment centre of their local hospital. Two of the patients who frequently visited that hospital turned out to have active tuberculosis. None of the people who received the warning were proved to have contracted TB as a result.

However, many of them found the news upsetting. They launched class actions against the hospital and two doctors, seeking compensation for this upset, concern and worry. The Ontario Court of Appeal unanimously rejected their claims:

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