What is the test for a plaintiff to prove mental injury?
British Columbia, Canada
The following excerpt is from Qiao v Owners, Strata Plan LMS 3863, 2020 BCSC 818 (CanLII):
While this means that a legally compensable mental injury must be more than mere psychological upset, such a finding need not rest, in whole or in part, on the plaintiff proving a recognized psychiatric illness. Expert evidence can assist in determining whether or not a mental injury has been established, but where a psychiatric diagnosis is unavailable, it remains open to a trier of fact to find, on other evidence adduced by a plaintiff, that she has proven on a balance of probabilities the occurrence of mental injury: Saadati v. Moorhead, 2017 SCC 28 at paras. 35-38.
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