CanadaCan I claim damages for mental distress or PTSD without a physical injury?
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.
What the Law Says
Canadian tort law does not require a physical injury to support a claim for mental injury. The Supreme Court has clarified that mental injuries are compensable if they meet objective legal standards — even without a formal psychiatric diagnosis.
There is no federal or provincial statute that explicitly defines when mental distress is compensable in negligence claims. Instead, the rules come from case law — especially decisions of the Supreme Court of Canada.
Courts apply common law principles of negligence: duty of care, breach, causation, and damage. For mental injury, the 'damage' must be more than transient upset — it must be serious, prolonged, and substantively disruptive to daily functioning.
The law treats mental injury the same as physical injury for compensation purposes — provided it is proven on a balance of probabilities and satisfies established legal tests.
What Courts Have Said
The Supreme Court of Canada has set clear boundaries for when mental injury — including PTSD or severe distress — is legally compensable, even without physical harm.
The Court held that a recognized psychiatric illness is NOT required to recover for mental injury. Claimants may rely on credible lay evidence (e.g., testimony from family, friends, employers) alongside expert evidence — but expert evidence is not mandatory. The injury must still be serious and prolonged.
The Court confirmed that mental injury is only recoverable if it was reasonably foreseeable — assessed using the 'ordinary fortitude' standard. A person of ordinary resilience would need to suffer similar harm in the same circumstances for liability to attach.
What to Do
Document your symptoms thoroughly — keep journals, medical notes, therapy records, and witness statements.
Consult a qualified health professional (e.g., psychologist or psychiatrist) to assess and describe the nature, severity, and duration of your condition.
Gather evidence showing how the mental injury affects your work, relationships, and daily life — courts look for objective impact.
Work with a personal injury lawyer experienced in mental injury claims to assess foreseeability and build your case around the 'ordinary fortitude' and 'serious/prolonged' tests.
Sources
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US-New YorkNot 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.