The Commission concluded that «[i] n order for
a purely psychological injury to be compensable, the psychological trauma must be related to either a physical injury or a sudden shock or fright caused by circumstances placing the claimant at risk of harm.»
Counsel for the defendant submitted that as aggravated damages were
purely compensatory and the complainant had already received an award for
psychological injury, there should be no award of aggravated damages because this would in effect duplicate compensation.