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Fidler v. Sun Life Assurance Co. of Canada, [2006] 2 S.C.R. 3


P suffered mental distress. For more then 5 yrs D denied P long-term disabilities


Is the damage foreseeable? If yes you can recover damages for mental distress
**Rejects idea of showing an independently actionable wrong – you just must show the Hadley and Baxendale test.
You can recover damages for mental distress if the object of the contract was to secure psychological benefit, it brought you mental distress, and it was in the contemplation of the parties, and then only if the degree of suffering is sufficient to warrant damages.


P got damages for mental distress – but there was no bad faith so cant get punitive damages

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