What is the legal test for intentional infliction of nervous shock?
Alberta, Canada
The following excerpt is from Roasting v. Lee, 1998 CanLII 18136 (AB QB):
Thirdly, the plaintiff argues that his cause of action arises in tort for the intentional infliction of nervous shock. In Lew v. Mount Saint Joseph Hospital Society (1997), 36 C.C.L.T. (2d) 35 (B.C. S.C. [In Chambers]), Henderson J. on an application to strike a statement of claim as disclosing no reasonable cause of action stated at p. 37, para. 5: It is clear that liability will be imposed where information is conveyed with the actual or imputed intention to cause nervous shock and nervous shock results: Wilkinson v. Downton [1897] 2 Q.B. 57.
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