What authority is available to determine when psychological or emotional effects of an accident are compensable?
British Columbia, Canada
The following excerpt is from Saadati v. Moorhead, 2015 BCCA 393 (CanLII):
I begin by noting the trial judge does not refer to any authorities dealing with when the psychological or emotional effects of an accident are compensable. The only authority he refers to is Clements v. Clements, 2012 SCC 32, [2012] 2 S.C.R. 181. That case, however, deals only with proof of causation.
The appellants submit that for damages to be compensable a plaintiff must prove he or she suffers from a medically recognized psychiatric or psychological illness or condition. There is considerable authority in support of that position. In Odhavji Estate v. Woodhouse, 2003 SCC 69, [2003] 3 S.C.R. 263, Mr. Justice Iacobucci said:
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