In tort cases involving multiple injuries, it can be difficult to parse out which injuries were caused by the original tort. This assessment can be further complicated where mental health injuries result subsequent to the tort, leading to a question of whether the mental health injuries are a divisible or indivisible consequence of the initial wrongdoing.
The distinction between “divisible” and “indivisible” injuries was recently reviewed by the B.C. Court of Appeal in 7-Eleven Canada Inc. v Tommy, 2025 BCCA 220 (Tommy).
The Plaintiff tripped over a pothole in a 7-Eleven parking lot, leading to multiple ankle fractures. She was unable to work for 8-9 weeks, developed a permanent limp, and experienced ongoing swelling. Later that year, she fell on the stairs and sustained a back injury. Several years afterward, she was involved in a vehicle accident that caused multiple injuries, a hernia, and she had to undergo ovarian cyst removal surgery. She further claimed to have ongoing mental health issues, including depression and distress, stemming from the initial ankle fracture.