What is the test for "suffering" in a claim?
Canada (Federal), Canada
The following excerpt is from Irwin v. Canada (Armed Forces), 1994 CanLII 18388 (CHRT):
In Canadian Pacific Limited v. Canada, 1987 CanLII 5394 (FCA), [1988] 1 F.C. 209 [8 C.H.R.R. D/4263], Marceau J.A. elaborated on these words at p. 224 [D/4268, para. 33496]: When I read the phrase in context, however, I understand it as being related to the evidence which must be sufficient to show that the risk is real and not based on mere speculation. In other words, the "sufficiency" contemplated refers to the reality of the risk not its degree.
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