Supreme Court of Canada Upholds Equal Treatment of Mental and Physical Injuries

On June 2, 2017, the Supreme Court of Canada delivered a landmark ruling in Saadati v. Moorhead, affirming the equal treatment of mental and physical injury claims under negligence law. The Court’s unanimous decision clarified that claimants do not need to prove their mental injuries meet the threshold of a recognized psychiatric illness, as this would impose an unfair burden not required for physical injuries.

This ruling is a significant step toward addressing the stigma and misconceptions surrounding mental illness in legal contexts. It emphasizes that mental injuries, like physical injuries, warrant serious consideration and protection under tort law.

The Case: Saadati v. Moorhead

The case involved a tractor-trailer driver, Mr. Saadati, who was involved in five motor vehicle collisions. These accidents caused a range of injuries, including chronic pain and psychological effects. The second collision, in particular, was found to cause mental injuries such as personality changes and cognitive difficulties. Family and friends testified to these changes, which the trial judge accepted as evidence of mental injury.

The trial judge awarded Mr. Saadati non-pecuniary damages, finding the second and third accidents to have caused indivisible harm. However, the British Columbia Court of Appeal overturned this decision, asserting that a medically recognized diagnosis of psychiatric or psychological injury was required to substantiate the claim.

The Supreme Court Decision

The Supreme Court of Canada reinstated the trial judge’s decision, rejecting the Court of Appeal’s stance. The Court confirmed that mental injuries are to be treated on par with physical injuries in tort law and that a specific diagnosis of psychiatric illness is not necessary to prove mental injury. Instead, the focus should be on the symptoms and their impact on the claimant.

Key Principles from the Ruling

1. No Higher Threshold for Mental Injuries: The Supreme Court emphasized that requiring a diagnosis of psychiatric illness for mental injury claims creates an unjust double standard. Physical injuries do not require such a threshold, and mental injuries should not be treated differently.
2. Evidence of Symptoms Suffices: While expert evidence can support a claim, the trier of fact may rely on testimony from non-expert witnesses, such as family and friends, to assess the presence and impact of mental injury.
3. Focus on Harm, Not Labels: The Court stated that the key consideration is the seriousness and duration of the claimant’s symptoms, not whether the injury fits within a specific diagnostic classification system. Mental injuries must rise above ordinary anxieties and fears to be compensable.
4. Stigma Reduction: By eliminating the requirement for a specific psychiatric diagnosis, the Court’s decision combats the stigma that mental illnesses are subjective or exaggerated. Tort law should not perpetuate these prejudices but instead recognize the profound impact of mental injuries on individuals.

Implications for Tort Law and Mental Health

This decision affirms that negligence law protects the right to mental health as robustly as it protects physical integrity. It underscores that mental health is a fundamental aspect of an individual’s autonomy and quality of life. By removing discriminatory evidentiary requirements, the Court has set a precedent that ensures greater access to justice for individuals suffering from mental injuries.

Psychiatric Injury Lawyer Toronto

Many individuals feel reluctant to come forward or seek help due to societal misconceptions that mental health struggles are a sign of weakness or are not as serious as physical injuries. This stigma can discourage victims from pursuing the compensation they deserve, even when their injuries have a profound impact on their lives. A psychiatric injury lawyer not only helps validate these injuries in a legal context but also provides a supportive environment where victims can share their experiences without fear of judgment. By addressing these cases with care and professionalism, psychiatric injury lawyers help dismantle the stigma and ensure that psychiatric injuries are treated with the gravity they deserve.