What is the test for damages for mental stress?
Ontario, Canada
The following excerpt is from Blake v. Dominion of Canada General Insurance Co., 2013 ONSC 6069 (CanLII):
The measure of such damages would be subject to the analysis as to remoteness. Not all mental stress is compensable. Understandably, incidental frustration is not compensable (Fidler v. Sunlife, paras 44 and 45).
The evidentiary burden is on the plaintiff to prove his or her loss. “The court must be satisfied, 1) that an object of the contract was to secure a psychological benefit that brings mental distress upon breach within reasonable contemplation of the parties, and 2) that the degree of mental suffering caused by the breach was of a degree sufficient to warrant compensation” (Fidler v. Sunlife, para. 47).
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