What is the current notice period for a plaintiff's claim for mental distress?
British Columbia, Canada
The following excerpt is from Chaffee v. Columbia Dodge (1967) Ltd., 2000 BCSC 310 (CanLII):
The plaintiff sought an extension of this notice period based on the principle in Wallace v. United Grain Growers 1997 CanLII 332 (SCC), [1997] 3 S.C.R. 701. However, at the heart of this principle is the finding of an imposition of mental distress on the plaintiff. There was no evidence before me that the plaintiff suffered any mental distress over this incident. Lack of evidence of mental distress is also fatal to a claim for aggravated or punitive damages.
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