What is the test for damages for mental distress?
British Columbia, Canada
The following excerpt is from Zeelie et al v. The Owners, Strata Plan LMS 3011, 2019 BCCRT 263 (CanLII):
46. As discussed in Eggberry v. Horn et al, 2018 BCCRT 224, damages for mental distress may be awarded only where there is independent evidence of harm. Although not binding upon me, I find this decision to be persuasive. As the applicants have not filed any medical evidence establishing that they have suffered any mental consequences as a result of the strata’s conduct, this aspect of their claim must be dismissed.
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