In January 2017, Dairn Shane and Joe Fearon of Preszler Law will be attending the Supreme Court of Canada to argue how psychological injuries should be defined and proven in personal injury claims.
The client is an incompetent person who was awarded $100,000.00 by a British Columbia Trial Judge for a psychological injury arising from a motor vehicle accident. The decision was appealed by the insurer. The British Court of Appeal allowed the appeal and dismissed the claim, holding that the Trial Judge had erred in finding a psychological injury in the absence of a specific medical diagnosis of what that psychological injury was. The Supreme Court of Canada allowed our application for leave to appeal. The scheduled hearing date is January 2017.
The key question to be debated is whether a diagnosis is always required to obtain compensation for a psychological injury, or whether, in certain circumstances, a trial judge can find a psychological injury and award damages for it on the basis of other evidence showing a significant psychological harm to the person.
Dairn and Joe will be arguing the latter.
Of significance is that the Insurance Bureau of Canada has sought leave to intervene, and to make submissions on this point.
Full case citations and arguments can be found on the Supreme Court of Canada website.
If you believe you have suffered a psychological injury as a result of an accident, contact Preszler Law to discuss. If you want to talk directly to Dairn or Joe, they be reached at: 1-800-JUSTICE.