What is the state of the law on damages for mental distress?

British Columbia, Canada


The following excerpt is from Rai v. AM PM Landscaping & Tree Service Ltd., 2019 BCCRT 712 (CanLII):

24. Regarding the claim for damages due to stress, again, no evidence was provided in support of the applicant’s claim for stress. Although not binding upon me, I note the decision of Eggberry v. Horn et al, 2018 BCCRT 224, which states that where there is no evidence of mental distress, the claim must be dismissed.

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