What is the legal test for emotional distress?

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.