PSYCHIATRIC INJURY CASES

The case of Saadati v. Moorhead is causing much debate in the legal community. At trial, STA was successful in obtaining a $100,000.00 non-pecuniary award for a psychiatric injury in the absence of a diagnosis of one. The Defendant appealed. The Court of Appeal allowed the appeal and dismissed the claim in its entirety, ruling that a trial judge cannot award damages for a psychiatric injury without there being a medical diagnosis of one. This issue is a controversial one and has been the subject of much debate for many years in legal academia and the courts. As the matter appears to be one upon which our highest appellate courts have differing views, STA is seeking leave to appeal this decision to the Supreme Court of Canada in an effort to obtain national clarification on this. For further reading on this subject, we encourage you to review the Court of Appeal decision. We also note that the decision and the implications of it will be a featured article in an upcoming edition of Lawyer’s Weekly.