What is the legal test for nervous shock?

British Columbia, Canada


The following excerpt is from Burton v. Vancouver/Richmond Health, 2003 BCPC 440 (CanLII):

The Court of Appeal in Devji v. Burnaby (District), supra, noted that the nature of the experience by which the injury is alleged to have been suffered must be of the order of magnitude of "alarming, startling, sudden, unexpected, horrifying, shocking and frightening." These criteria act as a specific "control mechanism", based on public policy grounds, to limit liability for nervous shock.

Further, even if the Claimants are found to have a cause of action in nervous shock, "their claims will have to be established in further proceedings by evidence of actual psychiatric injury." [Devji v. Burnaby (District) at para. 9, emphasis added]

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