Does the egg shell personality principle apply to damages for emotional distress?
British Columbia, Canada
The following excerpt is from Yoshikawa v. Yu, 1996 CanLII 3104 (BC CA):
30 In Landry v. Cadeau (24 June, 1985), Vancouver B830850 (B.C.S.C.), it is suggested in obiter dicta that weakness of willpower should not enable a plaintiff to recover damages for psychological symptoms that cannot be healed by the weak will of the plaintiff, if a strong-willed person could have healed the same symptoms in the same circumstances. To the extent that that suggestion is contrary to the application of the egg shell personality principle, I would not follow it.
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