Intangible Injuries

Question 1

are intangible injuries generally recoverable?

Answer 1

Generally, intangible injuries are not recoverable in contract (Addis, Kolan, Jarvis)

Question 2

Fidler test for intangible injuries

Answer 2

• To recover for mental distress, the Court must be satisfied that (Fidler):
  1. An object of the contract was to secure a psychological benefit that brings mental distress upon breach within the reasonable contemplation of the parties
  2. The degree of mental suffering caused by the breach was of a degree sufficient to warrant compensation

Question 3

fidler test vs. wertheim principle

Answer 3

The Fidler test is an application of the Wertheim principle for psychological injuries

Question 4

Addis v. Gramophone Company Ltd. & Kolan v. Solicitor

Answer 4

• Facts: In Addis, a manager was dismissed and immediately replaced, and in Kolan, a plaintiff suffered physical illness and anxiety when a solicitor failed to discover a demolition order.
• Rule: Damages for breach of contract cannot include compensation for injured feelings, mental distress, or the “manner” of the dismissal.

Question 5

Jarvis v. Swans Tours Ltd.

Answer 5

• Facts: The plaintiff booked a holiday based on a brochure, but found it did not live up to the promises.
• Rule: Generally, the plaintiff cannot recover in contract for mental distress. However, in cases of contracts designed to provide entertainment and enjoyment, the plaintiff may recover for loss of enjoyment.

Question 6

Heywood v. Wellers

Answer 6

• Facts: The plaintiff hired solicitors to seek an injunction to stop a man from molesting her, but they failed to institute the proper proceedings.
• Rule: Where the very object of the contract is to provide peace of mind or freedom from distress, damages for mental distress are recoverable if the contract is breached

Question 7

Vorvis v. Insurance Corporation of British Columbia

Answer 7

• Facts: The plaintiff solicitor was terminated without cause and sought aggravated damages based on his supervisor’s offensive conduct.
• Rule: Aggravated damages may be awarded in wrongful dismissal, but generally only where the employer’s conduct constitutes an “independently actionable wrong” (a separate legal wrong distinct from the firing itself)

Question 8

Fidler v. Sun Life Assurance Co. of Canada

Answer 8

• Facts: The defendant company denied the plaintiff long-term disability benefits, causing her significant mental distress.
• Rule: Establishes the test for whether intangible injuries are recoverable in contract. The court must be satisfied that an object of the contract was to secure a psychological benefit, and the degree of mental suffering was sufficient to warrant compensation. Both criteria were met in this case.