Personal Injury

No, you do not need expert medical evidence to prove a mental injury in Canada. The Supreme Court of Canada ruled in Saadati v. Moorhead that a recognized psychiatric diagnosis is not required — credible lay evidence can be sufficient.

Yes, but only if your emotional reaction was reasonably foreseeable to a person of ordinary fortitude — unusually extreme or idiosyncratic reactions are generally not compensable.

Yes, the defendant must compensate you for the full extent of your worsened condition—even if you had a pre-existing vulnerability—under the 'thin skull rule' established by the Supreme Court of Canada.

Yes, you can claim damages for mental distress or PTSD without a physical injury in Canada, but you must prove the mental injury is serious, prolonged, and rises above ordinary emotional upset.

No, private insurance benefits you receive are generally not deducted from court-awarded damages in Canada.

The but-for test asks whether the injury would not have occurred 'but for' the defendant’s negligent act — if the harm would still have happened without the negligence, there is no legal causation.

You must prove causation using the 'but for' test: but for the defendant’s wrongful act, your injury would not have occurred. Courts also apply the 'thin skull rule', meaning the defendant takes you as they find you—even with pre-existing vulnerabilities.

Yes, you may still recover damages in Canada even if the injury only became apparent long after the event, thanks to the 'discoverability principle' that delays the start of the limitation period until the injury is discovered or ought reasonably to have been discovered.

The standard of care in negligence is determined by what a reasonable person would do in the same circumstances — a legal test applied by judges and juries, not by the parties themselves.

Yes, a bar or party host in Canada can be held liable if a drunk guest injures someone — but liability depends on foreseeability, proximity, and whether the host created or contributed to the risk.

The two-stage Anns/Cooper test is Canada’s framework for determining whether a duty of care exists in negligence: first, assess reasonable foreseeability and sufficient proximity; second, consider residual policy reasons that may negate the duty.

A business in Canada owes a duty of care to people on its property to take reasonable steps to prevent foreseeable harm, based on proximity and foreseeability — not automatic liability for all injuries.

Generally, no — Canadian law presumes no duty of care for purely economic losses to downstream purchasers, unless a recognized exception applies, such as negligent misrepresentation or assumption of responsibility.

Yes, in most personal injury cases in Canada, you must prove the other party was at fault (negligent or otherwise legally responsible) to claim compensation — unless a no-fault insurance scheme applies, like in Ontario auto accidents for certain benefits.

In Canada, when both parties are partly to blame, fault is apportioned based on each party’s degree of responsibility for the loss, under provincial contributory negligence statutes — typically on a percentage basis.

Yes, dangerous driving is a criminal offence under the Criminal Code and can result in imprisonment; it may also lead to civil liability for injuries or damages caused.

You can sue someone other than the person who directly injured you if they owed you a legal duty of care and their negligence or wrongful act caused your injury — for example, an employer for an employee’s actions, or a vehicle custodian who failed to secure a car that was later stolen and used to injure you.

No, an unborn child cannot sue its mother for injuries caused during pregnancy. The Supreme Court of Canada ruled in Dobson v. Dobson that imposing tort liability on mothers for prenatal negligence would undermine maternal autonomy and raise serious policy concerns.

Yes, you can sue a builder in Canada for a dangerous construction defect — courts recognize a duty of care to prevent harm, and repair costs to eliminate danger are recoverable even if no physical injury has yet occurred.

Yes, in some cases you can claim economic losses from product contamination without physical injury, but only if a duty of care is established and the loss falls within recognized categories of recoverable pure economic loss.

Yes, in Canada, certain family members can sue for their own financial and emotional losses when a loved one dies due to negligence — but only under specific provincial wrongful death statutes, not as a general common law right.

Yes, you can submit a victim impact statement in Canada to describe how the injury affected your physical or emotional well-being.

Assault causing bodily harm is a criminal offence under section 267 of the Criminal Code where a person assaults another and causes 'bodily harm' — defined as any hurt or injury interfering with health or comfort. It is always an indictable offence, punishable by up to 10 years in prison.

Yes, you may still be able to sue for injuries even if you were doing something illegal at the time — but courts can reduce or deny compensation if your illegal conduct was central to the harm and violates public policy.

Criminal negligence in Canada is a serious offence involving wanton or reckless disregard for others' lives or safety, leading to potential life imprisonment; civil negligence is a private lawsuit for compensation and does not involve criminal penalties.