Emotional distress can be just as serious as a physical injury, but it is often harder to prove in court. In Ontario, if someone’s actions have caused you psychological harm because of their negligence, you may be able to claim compensation. Here is how the law works and what you need to know.

What Is Emotional Distress?

Emotional distress is the mental suffering a person experiences due to trauma, negligence, or intentional actions. It can show up as anxiety, depression, PTSD, insomnia, or other mental health issues. These symptoms may interfere with daily functioning, sleep, work, relationships, and overall quality of life, often requiring professional treatment and long-term support.

Legally, emotional distress is a type of injury that may be covered under tort law, meaning you can sue for damages if someone caused it through wrongful or negligent actions. In Ontario, courts recognize emotional distress as a legitimate harm, especially when it results from serious incidents like car accidents. However, the emotional injury must be more than fleeting—it must be significant, enduring, and supported by credible evidence to be considered compensable.

How to Prove Emotional Distress

To prove your claim for emotional distress, you must show:

• Causation: That the other person’s actions caused your emotional harm.
• Severity: The emotional harm must be serious and long-lasting—not just temporary upset.
• Impact: Your daily life must be significantly affected.

The Supreme Court of Canada ruled in Saadati v. Moorhead that you do not need a formal psychiatric diagnosis, but your distress must still be significant and supported by solid evidence.

You will need strong documentation to support your claim. This may include:

• Medical records: Diagnoses, therapy notes, and prescriptions.
• Expert testimony: Opinions from psychologists or psychiatrists.
• Witness statements: From friends, family, or coworkers noting changes in your behavior.
• Journals: Personal logs of symptoms and how they have affected your life.

How Damages for Emotional Distress Are Calculated

Unlike physical injuries, emotional suffering doesn’t leave visible marks. Courts look at:

• Severity and duration: How serious and long-lasting the emotional distress is.
• Daily impact: Whether it affects your work, social life, or ability to function.
• Medical expenses: Costs for therapy, medication, and treatment.
• Loss of income: If you can’t work or earn as much because of the distress.

What Is the Maximum Amount for Emotional Distress

The maximum amount that you can receive for “pain and suffering” in Canada is capped. The amount is adjusted every year for inflation. In October 2025, the maximum amount is about $470,000.00.

The cap for non-pecuniary damages was decided by the Supreme Court of Canada in 1978 in the decision Andrews v. Grand & Toy Alberta Ltd. The Supreme Court wrote that “Save in exceptional circumstances, this ($100,000.00 in 1978) should be regarded as an upper limit of non-pecuniary loss in cases of this nature”. In this case, the plaintiff was rendered a quadriplegic in a car accident.

How Our Injury Lawyers Can Help You

Emotional distress claim can be complex, but you do not have to go through it alone. Our partners are Certified as Specialists in Civil Litigation by the Law Society of Ontario. They can help you:

• Evaluate your case: We will review your situation and tell you if you have a strong claim.
• Gather evidence: We will work with medical experts to support your case.
• Negotiate settlements: We will fight for fair compensation from insurers.
• Represent you in court: If needed, we will take your case to trial.

Our personal injury lawyers will be on your side, and by your side. Text us today at 613-777-0992 or visit our website.