What is the test for mental shock?

British Columbia, Canada


The following excerpt is from Fakhri v. Wild Oats Markets Canada, Inc., 2004 BCCA 549 (CanLII):

The appellant argues that in order to prove mental shock, each individual claimant will have to establish a diagnosis of a recognized psychiatric illness. With respect, I do not think it can be said with finality that only psychiatric disorders are compensable when the facts of the present case are considered. This is not a case where the victim witnessed a traumatic event, such as in Graham v. MacMillan (2003), 10 B.C.L.R. (4th) 397, 2003 BCCA 90. Here the claimants were directly affected by the announcement that they were at risk of having contracted HAV. They suffered a physical disturbance when immunized due to the alleged carelessness of the appellant. I do not presume to decide these matters, I simply raise them to indicate that it is by no means certain that the claimants will be put to individual proof of psychiatric illness.

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