What is the legal test for emotional distress?

British Columbia, Canada


The following excerpt is from Khokhar v. Coast English Testing Inc., 2020 BCCRT 555 (CanLII):

18. Although the applicant states that he found his experience on testing day to be unpleasant, he did not submit any evidence, such as evidence from a physician or mental health service provider to establish the presence of a diagnosed psychological condition (PTSD or otherwise) or symptoms of emotional distress. As discussed in Eggberry v. Horn et al, 2018 BCCRT 224, in order for a claim to be successful, there must be medical evidence to establish mental distress. This decision is not binding upon me, but I find the reasoning to be persuasive. Therefore, although a diagnosis is not required, there must be some evidence to show that the applicant’s condition rose above a trivial or minor inconvenience.

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