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SCC says psychiatric diagnosis not a prerequisite to mental injury claims

Friday, June 02, 2017 @ 4:20 PM | By Cristin Schmitz

Tort victims may recover damages for their mental injuries, without proving that they have a medically recognized psychiatric or psychological illness or condition, the Supreme Court has ruled in a 9-0 decision which may open the door wider for psychological damages claims.

Justice Russell BrownThe top court’s June 2 judgment restores a 2014 award at trial of $100,000 to the successful B.C. appellant, Mohsen Saadati, for the non-pecuniary damages flowing from a mental injury the plaintiff suffered in a 2005 motor vehicle accident for which the...