Preszler Law Successful at the Supreme Court of Canada
Mr. Saadati was involved in a series of car accidents, suffering serious psychological injuries. The Court of Appeal denied him compensation, holding him to a higher standard than someone who had suffered physical injuries.
Canadian law has treated people with psychological injuries unfairly in comparison to people with physical injuries, making it more difficult, complicated and expensive for them to receive compensation. That changed on June 2, 2017, with a 9-0 decision by our highest court written by Justice Brown:
This and other mechanisms by which some courts have historically sought to control recovery for mental injury are, in my respectful view, premised upon dubious perceptions of psychiatry and of mental illness in general, which Canadian tort law should repudiate.
The stigma faced by people with mental illness, including that caused by mental injury, is notorious … often unjustly and unnecessarily impeding their participation, so far as possible, in civil society. While tort law does not exist to abolish misguided prejudices, it should not seek to perpetuate them.
The Supreme Court of Canada restored Mr. Saadati’s compensation and awarded him legal costs for his trial and appeals.
This landmark case removes barriers to compensation for people who suffer psychological injuries and is an important move towards showing Canadians with psychological injuries the equal respect they deserve.
Mr. Saadati’s case was exceptionally argued by Dairn Shane at trial, on appeal and then at the Supreme Court of Canada with assistance from Joseph Fearon. The case can be read here: https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/16664/index.do
If you or someone you know has suffered a psychological injury, you can call 1-800-JUSTICE today for a free case evaluation.