What is the evidentiary burden on a plaintiff to prove that they suffered mental distress as a result of a breach of contract?
Ontario, Canada
The following excerpt is from Blake v. Dominion of Canada General Insurance Co., 2013 ONSC 6069 (CanLII):
The evidentiary burden is on the plaintiff to prove his or her loss. “The court must be satisfied, 1) that an object of the contract was to secure a psychological benefit that brings mental distress upon breach within reasonable contemplation of the parties, and 2) that the degree of mental suffering caused by the breach was of a degree sufficient to warrant compensation” (Fidler v. Sunlife, para. 47).
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