In The NewsGlenn Zakaib Comments to The Globe and Mail on Ruling on a Claim for Pyschological HarmPublished: 03/08/2011 Glenn Zakaib, a partner in the Advocacy and Product Liability groups, was quoted in "The Question of ‘Psychological Harm,’" an article published in The Globe and Mail on March 8, 2011. The article discussed the recent ruling by the Ontario Court of Appeal which dismissed claims for psychological distress by patients at Lakeridge Health and which reaffirmed that, in most cases, only those who suffer from diagnosed "nervous shock" are entitled to compensation. In the decision, the Ontario Court of Appeal ruled that it was not the Supreme Court's intent to change the law in the Waddah Mustapha v. Culligan of Canada Ltd. case during which the plaintiff sought compensation for anxiety caused by finding insect parts in a bottle of water. Mr. Zakaib, who defends companies in product-liability class actions, believes that the Ontario Court of Appeal’s interpretation of the Mustapha decision is correct. He noted that manufacturers, who face an increasing number of lawsuits when consumer products are pulled off the shelves in safety recalls, would be concerned about a precedent allowing plaintiffs to sue just for anxiety or worry, he said, even if not a single customer were hurt. “You could potentially be opening the door … And I think it’s a slippery slope to go down,” said Mr. Zakaib. |