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Mental injury is typically an issue for personal injury, but has arisen from time to time in the commercial context when consumers claim they have experienced inordinate mental suffering from the failure of a business’s products or services. Historically, the courts have required plaintiffs to establish a “recognizable psychiatric illness” to recover in a negligence action for mental injury, raising the burden on plaintiffs to prove their case. In Saadati v. Moorhead, however, the Supreme Court of Canada removed this burden, holding that the “recognizable psychiatric illness” threshold for mental injury is not a requirement in Canadian law.¹

http://www.lerners.ca/lernx/physical-and-mental-injury-equal-under-the-law-scc-does-away-with-a-recognizable-psychiatric-illness/