Dr. Rai

The Ontario Review Board held a mandatory annual review hearing for an accused found not criminally responsible for aggravated assault.

The accused, diagnosed with schizoaffective disorder, experienced a recent exacerbation of psychotic symptoms and remains treatment resistant.

The Board found that the accused continues to represent a significant threat to the safety of the public.

On joint submission, the Board ordered the continuation of her detention at the Centre for Addiction and Mental Health, with a modification to her privileges allowing the person in charge to permit travel both inside and outside of Canada.

The plaintiff suffered a major depressive disorder and phobia after seeing a dead fly in an unopened bottle of water supplied by the defendant.

The trial judge awarded damages for psychiatric injury, finding the plaintiff's extreme reaction was due to his particular cultural background and sensibilities.

The Court of Appeal allowed the defendant's appeal and dismissed the action.

The Court held that in tort, psychiatric harm must be reasonably foreseeable in a person of normal fortitude and robustness.

The plaintiff's highly unusual reaction did not meet this objective test.

The Court also dismissed the contract claim, finding that psychiatric harm was not in the reasonable contemplation of the parties at the time the contract was formed.