Emotional distress: The ‘invisible injury’ in tort law

By Brad Moscato and Daniel Rabinovitch ( November 5, 2025, 2:46 PM EST) -- Not all injuries can be seen. Emotional distress — often called the “invisible injury” — shows up in many tort cases, especially negligence claims. But proving and valuing psychological harm has always been tricky. Over time, Canadian courts have worked to clarify what counts as compensable emotional distress and how to prove it....