What is the burden of establishing that the applicant bears for mental distress?

British Columbia, Canada


The following excerpt is from Shen v. Cui, 2018 BCCRT 785 (CanLII):

14. As noted above, the applicant bears the burden of establishing her claims for mental distress. Although not binding upon me, I note the decision in Eggberry v. Horn et al, 2018 BCCRT 224, which states that, where there is no evidence of mental distress, the claim must be dismissed. It is clear that the parties have different views of the events that occurred on February 10, 2018. I accept that the applicant found her interaction with the respondent to be unpleasant. However, in order to be successful, the applicant must establish that this event resulted in mental distress.

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