Saadati v. Moorhead et al., 2015 BCCA 393

• Judge: Saunders, Chiasson and Frankel, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: May 21, 2015
• Jurisdiction: British Columbia
• Citations: 2015 BCCA 393;(2015), 377 B.C.A.C. 106 (CA)

Saadati v. Moorhead (2015), 377 B.C.A.C. 106 (CA);

    648 W.A.C. 106

MLB headnote and full text

Temp. Cite: [2015] B.C.A.C. TBEd. SE.017

Mohsen Saadati, by his Litigation Guardian, Sara Zarei (respondent/plaintiff) v. Grant Iain Moorhead, Able Leasing (2001) Ltd., and Thi Hao Hoang (appellants/defendants)

(CA42075; 2015 BCCA 393)

Indexed As: Saadati v. Moorhead et al.

British Columbia Court of Appeal

Saunders, Chiasson and Frankel, JJ.A.

September 23, 2015.

Summary:

Saadati was involved in five motor vehicle accidents. He sued for damages for a brain injury (a concussion) sustained in the second accident. Prior to the action, he was declared mentally incompetent and the action was prosecuted on his behalf by a litigation guardian.

The British Columbia Supreme Court, in a decision reported at [2014] B.C.T.C. Uned. 1365, found that Saadati had not sustained any physical injuries in the accident. However, based on the evidence of lay witnesses, the court found that he was a "changed man" after the accident and, by reason of that change was entitled to damages. The court awarded $100,000 in non-pecuniary damages for psychological injury and cognitive difficulties. Saadati had not alleged psychological injury in his pleadings and had not advanced his claim on that basis during closing submissions. The defendants appealed.

The British Columbia Court of Appeal allowed the appeal and dismissed the action. Saadati was not entitled to damages for psychological injury as he had not established that he suffered from a recognizable psychopathological harm. The court commented that the trial judge should not have decided the case on a basis that was neither pleaded nor argued.

Courts - Topic 587

Judges - Duties - To decide according to evidence and pleadings - See paragraphs 34 to 36.

Damages - Topic 210

Entitlement - Notice of claim - See paragraphs 34 to 36.

Damages - Topic 224

When available - Requirement of proof of basis of claim - See paragraphs 21 to 28.

Damages - Topic 533

Limits of compensatory damages - Remoteness - Torts - Purely psychiatric loss - See paragraphs 21 to 33.

Practice - Topic 1335

Pleadings - The issues - Issues to be raised must be pleaded - See paragraphs 34 to 36.

Cases Noticed:

Clements v. Clements, [2012] 2 S.C.R. 181; 431 N.R. 198; 2012 SCC 32, refd to. [para. 21].

Odhavji Estate et al. v. Woodhouse et al., [2003] 3 S.C.R. 263; 312 N.R. 305; 180 O.A.C. 201; 2003 SCC 69, refd to. [para. 22].

Young v. Borzoni et al. (2007), 235 B.C.A.C. 220; 388 W.A.C. 220; 277 D.L.R.(4th) 685; 2007 BCCA 16, refd to. [para. 23].

Graham v. MacMillan (2003), 179 B.C.A.C. 309; 295 W.A.C. 309; 10 B.C.L.R.(4th) 397; 2003 BCCA 90, refd to. [para. 24].

Thompson v. Webber et al. (2010), 288 B.C.A.C. 233; 488 W.A.C. 233; 320 D.L.R.(4th) 496; 2010 BCCA 308, refd to. [para. 24].

Healey v. Lakeridge Health Corp. et al. (2011), 273 O.A.C. 179; 328 D.L.R.(4th) 248; 2011 ONCA 55, agreed with [para. 24].

Kotai v. Ship Queen of the North et al., [2009] B.C.T.C. Uned. 1405; 70 C.C.L.T.(3d) 221; 2009 BCSC 1405, agreed with [para. 24].

Mustapha v. Culligan of Canada Ltd., [2008] 2 S.C.R. 114; 375 N.R. 81; 238 O.A.C. 130; 2008 SCC 27, consd. [para. 25].

Guay v. Sun Publishing Co., [1953] 2 S.C.R. 216, refd to. [para. 32].

Frame v. Smith and Smith, [1987] 2 S.C.R. 99; 78 N.R. 40; 23 O.A.C. 84, refd to. [para. 32].

Insurance Corp. of British Columbia v. Patko (2008), 251 B.C.A.C. 259; 420 W.A.C. 259; 290 D.L.R.(4th) 687; 2008 BCCA 65, refd to. [para. 35].

Eckdhal et al. v. Long (2014), 446 Sask.R. 207; 621 W.A.C. 207; 378 D.L.R.(4th) 562; 2014 SKCA 115, refd to. [para. 35].

Van Burgstenden v. Long - see Eckdhal et al. v. Long.

Canada Trustco Mortgage Co. v. Renard et al. (2008), 259 B.C.A.C. 140; 436 W.A.C. 140; 298 D.L.R.(4th) 216; 2008 BCCA 343, refd to. [para. 35].

Hawkeye Power Corp. v. Sigma Engineering Ltd. et al. (2012), 329 B.C.A.C. 38; 560 W.A.C. 38; 37 B.C.L.R.(5th) 217; 2012 BCCA 414, refd to. [para. 35].

Guastelluccia v. Scott (1978), 20 O.R.(2d) 241 (C.A.), refd to. [para. 36].

Counsel:

S.A. Braun and E. Tolfo, for the appellants;

D.O Shane, A.T. McLelan and A.A. Pang, for the respondent.

This appeal was heard at Vancouver, British Columbia, on May 21, 2015, by Saunders, Chiasson and Frankel, JJ.A., of the British Columbia Court of Appeal. Frankel, J.A., delivered the following reasons for judgment for the court on September 23, 2015.