CanadaCan I recover damages if my emotional reaction to an event was unusual or extreme?
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.
What the Law Says
Canadian negligence law requires that emotional or psychiatric harm be reasonably foreseeable to be recoverable in damages. There is no specific statute that defines this rule — it is judge-made common law, established and refined by courts including the Supreme Court of Canada.
To succeed in a claim for emotional or mental injury, you must prove that the defendant owed you a duty of care, breached it, and caused you harm. Crucially, the type and extent of harm must be reasonably foreseeable.
The law does not compensate for every emotional reaction — only those that would affect a person of 'ordinary fortitude' under similar circumstances. Unusual, hypersensitive, or extreme reactions — even if genuine — are typically considered too remote to be recoverable.
What Courts Have Said
The Supreme Court of Canada set the definitive test for recovering damages for mental injury in Mustapha v. Culligan.
The Court held that psychiatric harm is only compensable if it is reasonably foreseeable that a person of ordinary fortitude would suffer such harm from the defendant’s conduct; Mr. Mustapha’s severe anxiety and depression after seeing flies in a water bottle were found not reasonably foreseeable.
What to Do
Assess whether your emotional reaction aligns with how a typical, resilient person would respond — not how you personally reacted.
Gather medical evidence (e.g., psychiatrist or psychologist reports) diagnosing a recognized psychiatric condition.
Consult a personal injury lawyer to evaluate foreseeability and whether your symptoms meet the 'ordinary fortitude' threshold.
Act promptly: limitation periods for negligence claims in most provinces are 2 years from the date you discovered (or ought to have discovered) the injury.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.