In a ground - breaking decision released today, the Supreme Court of Canada in Saadati v. Moorhead, 2017 SCC 28, overturned the BC Court of Appeal and held that the finding of legally compensable mental injury need not rest, in whole or in part, on the claimant proving
a recognized psychiatric injury.
Not exact matches
[13]... the Court must answer the narrow question of whether it is strictly necessary, in order to support a finding of legally compensable mental
injury, for a claimant to adduce expert evidence or other proof of a
recognized psychiatric illness.
The requirement that an
injury claimant suffer a medically
recognized psychiatric or psychological illness or... Continue reading →
The Supreme Court said that a reliance on arbitrary requirements for people with psychological
injuries (in that case, the requirement for expert diagnosis of a
recognized psychiatric condition) was steeped in «dubious perceptions of, and postures towards, psychiatry and mental illness in general: that mental illness is «subjective» or otherwise easily feigned or exaggerated».
P's significant
injury is a
recognized psychiatric condition.