What is the test for determining whether a defendant has been successful in a claim for psychological injury?
British Columbia, Canada
The following excerpt is from Lemieux v. Evers, 2000 BCSC 1464 (CanLII):
In the case of psychological injury, once causation is proven (as discussed above) the court must decide whether the defendant has established that by following advice which the plaintiff received or ought to have obtained, the plaintiff could have overcome the problem or could in the future overcome it: Maslen v. Rubenstein, at para. 11.
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