What is the duty of care of a mental health care provider to avoid causing foreseeable mental injury?
Ontario, Canada
The following excerpt is from Cavanaugh et al. v. Grenville Christian College et al., 2020 ONSC 1133 (CanLII):
A duty of care includes a duty to avoid causing foreseeable mental injury. Mental injury has a great impact on a person’s ability to live life and pursue their goals: Saaditi v. Moorhead, 2017 SCC 28 at para. 23.
Actionable mental injury involves serious trauma or illness—there must be more than a transient mental state that falls short of injury: Mustapha v. Culligan of Canada Limited, 2008 SCC 27 at para. 9.
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