Date: Sun, 21 Oct 2007 16:04

From: Jason Neyers

Subject: Johnston v NEI

Being exposed to asbestos dust wouldn't upset you?

----- Original Message -----
From: David Cheifetz
Date: Saturday, October 20, 2007 9:24 am
Subject: ODG: Re: Johnston v NEI
To: 'Obligations Discussion Group'

But in Mustapha v. Culligan, the Ontario Court of Appeal discussed Fidler and put the person of 'reasonable fortitude and robustness' requirement - customary phlegm is so much more colourful - into any contract claim, too: see paras 56-58. What's clear is that the Ontario Court of Appeal wasn't prepared to imply that damages for psychiatric injury resulting from a psyche a tad short on phlegm, customary or otherwise, would normally be within the reasonable contemplation of the parties to an ordinary commercial contract.

--
Jason Neyers
Associate Professor of Law
Faculty of Law
University of Western Ontario
N6A 3K7
(519) 661-2111 x. 88435

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