The Personal Health Information Protection Act, 2004 S.O. c. 3, Sch A, s. 65 (PHIPA) contemplates mental anguish damages for
breaches of statutory duty up to a maximum of $ 10,000.
«The House
of Lords may have closed the door on pleural plaque compensation claims made on the basis
of negligence or
breach of statutory duty, but at the same time they have also opened the window, by unexpectedly flagging
up a potential new line
of argument — that claimants could sue for
breach of contract,» he says.
Based on ground -
up case law analysis it constructs a new taxonomy on the grounds
of judicial review: mistake, procedural impropriety, ordinary common law
statutory interpretation, discretionary impropriety, relevant / irrelevant considerations,
breach of an ECHR protected right or equality
duty, and constitutional allocation
of powers, constitutional rights, or other complex constitutional principles.