Mental Injuries – The Mustapha Framework

Source: Bartalk / February 2018
Author: Andrea Donaldson
Bartalk 2018

In order to succeed in a claim for mental injury due to negligence, a plaintiff must prove that the defendant breached the standard of care owed to the plaintiff, that the plaintiff sustained damage, and that the damage was caused by the defendant’s negligence. In this article, Andrea discusses a recent Supreme Court of Canada finding that a diagnosed psychiatric illness is not necessary to prove a mental injury claim.

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