Are damages for mental distress available where mental suffering is a foreseeable result of a solicitor's negligence?
British Columbia, Canada
The following excerpt is from Goodwin v. Becker, 2013 BCSC 2148 (CanLII):
I conclude that damages for mental distress are available where mental suffering is a foreseeable result of a solicitor’s negligence, as discussed in the extract from Campbell v. Ragona quoted above. Mustapha is distinguishable because, unlike the present case, it did not involve a contractual or other relationship that gave rise to a foreseeability of mental distress in the event of a breach.
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