Suing for Emotional Distress in Alberta: Is It Possible?
Emotional distress in Alberta refers to serious psychological harm caused by traumatic events like abuse, harassment, or witnessing disturbing incidents. While emotional injuries are not always visible, their impact can be long-lasting and deeply disruptive. Alberta law does allow for legal claims related to emotional distress, but the process is complex.
There are strict standards for evidence, and the law separates cases based on whether the harm was caused intentionally or through negligence. This article outlines who may file a claim, what qualifies, and what proof is required to succeed.
What Is Emotional Distress in Legal Terms?
Legally, emotional distress refers to severe mental suffering caused by someone else’s conduct, whether intentional or negligent. It may result from harassment, abuse, discrimination, or traumatic events.
In Alberta, courts allow such claims, but only when there is strong evidence of significant psychological harm. Such cases are generally classified into two distinct categories:
- Intentional infliction of emotional distress
- Negligent infliction of emotional distress
Each type has specific legal requirements that must be met for a successful case.
Intentional Infliction of Emotional Distress
This claim applies when someone deliberately behaves in a way that is deeply offensive or abusive, causing serious emotional harm. Common examples include persistent harassment or threats.
To prove this in Alberta, you must show the conduct was extreme, intended to cause harm (or recklessly indifferent), and led to a diagnosed psychiatric condition.
Strong evidence, such as medical reports or expert testimony, is essential to support your claim and meet the high legal threshold required by the courts.
Negligent Infliction of Emotional Distress
Unlike intentional cases, negligence-based emotional distress arises when harm results from carelessness rather than a purposeful act. This might include cases where someone suffers emotional trauma after witnessing a serious accident or as a result of receiving shocking or mishandled information.
To succeed in Alberta, you generally need to show:
- The defendant had a legal obligation to act with reasonable care toward you
- That duty was breached through careless or unreasonable behaviour
- It was reasonably predictable that the emotional harm you experienced could result from the defendant’s actions
- You experienced a medically acknowledged psychological injury
These claims must show a substantial and measurable effect on your mental health.
Challenges in Suing for Emotional Distress
While it is legally possible to sue for emotional distress, these cases face intense scrutiny. Alberta courts are cautious with such claims to avoid opening the floodgates to frivolous lawsuits. The burden of proof is significant, and compensation is only awarded when the injury is serious, lasting, and well-documented.
It’s also important to understand that emotional distress cannot stand alone in many cases. It’s often pursued in conjunction with other claims, such as personal injury, wrongful dismissal, or sexual assault. When tied to another actionable wrong, the likelihood of success increases.
How Kolinsky Law Supports Your Claim
At Kolinsky Law, we regularly assist clients through emotional distress claims tied to divorce, workplace trauma, or personal injury. As experienced Emotional Distress Lawyer in Edmonton, we understand the sensitive nature of these cases and approach them with professionalism and care.
We work closely with mental health professionals and legal experts to gather strong evidence and guide you through the legal process. Our goal is to ensure your claim is both legally sound and emotionally supported.
Conclusion: Is It Worth Pursuing?
Yes, suing for emotional distress in Alberta is possible—but it requires careful strategy, strong evidence, and legal guidance. If you’re struggling with mental harm caused by someone else’s actions, we encourage you to explore your legal options.
At Kolinsky Law, we’re committed to helping you seek justice and find resolution. Contact us for a private consultation, during which we can review your situation and help you understand your legal options.