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Claims for Mental Injury Post Saadati v Moorhead

Recently, personal injury claims involving mental injury have been on the rise. Part of the reason for this is the 2017 Supreme Court of Canada (“SCC”) decision in Saadati v Moorhead, which defined the proof required in mental injury claims. Prior to Saadati Courts often required claimants to lead Expert testimony confirming that the claimant…

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ONCA Upholds $1.5M Punitive Damages Award Against LTD Insurer

Baker v Blue Cross 2023 ONCA 842: The Ontario Court Appeal upholds $1,500,000 in punitive damages and full indemnity costs due to bad faith handling of LTD claim In its decision in Baker v Blue Cross, the Ontario Court of Appeal upheld two awards that sent shockwaves through the insurance industry last year: a $1,500,000…

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