In this case, the trial judge found that the Plaintiff sustained psychological injuries, including personality changes and cognitive difficulties, based on the testimony of the Plaintiff’s friends and family. The British Columbia Court of Appeal allowed the appeal on the basis that the Plaintiff had not demonstrated by expert evidence a medically recognized psychiatric or psychological injury. The Supreme Court of Canada overturned the decision of the Court of Appeal. The Supreme Court found that to establish mental injury, the Plaintiff must show that the disturbance was serious and prolonged and rose above the ordinary annoyances, anxieties, and fears that come with living in civil society. While expert evidence could assist in determining whether a mental injury had been shown, it remained open to a trier of fact to find on other evidence, including the testimony of family and friends, that the Plaintiff had proven on a balance of probabilities the occurrence of a mental injury.
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