In the case of Saadati v. Moorehead, Simpson Thomas & Associates was successful in having an award of $100,000 for a non-defined psychiatric injury. That award was appealed by the insurer. The appeal was just recently heard in the BC Court of Appeal.
The interesting issue in this case is whether it is necessary for a trial judge to find an actual defined psychiatric diagnosis to award compensation (as argued by the insurer), or whether it was sufficient for the trial judge to find psychiatric harm caused by the accident without an actual diagnosis (as we argued). The Court of Appeal reserved judgment. We will provide an update when the judgment is made public.