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What qualifies as a mental injury and how can it be proven? This question was recently addressed by the Supreme Court of Canada in Saadati v. Moorhead.[1] The law as developed by the Canadian lower courts prior to Saadati required claimants alleging mental injury to show that such injury had manifested itself to an expert in psychiatry in the form of a clinically diagnosed, recognizable psychiatric illness. Usually, this was done by the courts with reference to the Diagnostic

Who is liable for damages caused by a dog bite or attack when the dog is being walked? Under the Dog Owner’s Liability Act[1] (the “Act” or the “DOLA”), the owner of a dog is liable for damages resulting from a bite or attack by the dog on another person or domestic animal. However, DOLA defines “owner” as including “a person who possesses or harbours the dog and, where the owner is a minor, the person responsible for the custody of the minor." In Wilk v. Arbour[2], the Court

The issue of jurisdiction often arises where parties to a dispute operate in different jurisdictions or where the underlying facts forming the basis of a claim involve another jurisdiction. The recent Supreme Court of Canada decision in Lapointe has important implications for individuals and companies outside of Ontario who do business with entities in Ontario, or who become involved, even indirectly, in a contract made in Ontario. Legal Context Before a court assumes jurisd