Can a claim for psychological injury be assessed on an aggregate basis?

Ontario, Canada


The following excerpt is from Healey v. Lakeridge Health Corporation, 2011 ONCA 55 (CanLII):

Anderson v. Wilson was a certification decision and in the passage cited, Carthy J.A. was discussing the appropriateness of a class proceeding to advance the claims under the test for certification and not the issue of the availability of aggregate damages pursuant to s. 24(1). This point is reinforced, at p. 680 O.R., where Carthy J.A. states that it might be possible to deal with the claim that the defendants' conduct should attract punitive and exemplary damages under s. 24, as that claim could be determined "without a significant involvement" of the individual class members, but he makes no reference to the claim for psychological injury in the category of claims susceptible to being dealt with on an aggregate basis. 6. Assessment of damages

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