Date: Thu, 25 Oct 2007 13:07

From: David Cheifetz

Subject: Mental Illness and Special Relationships

Mustapha v. Culligan of Canada Ltd., 2006 CanLII 41807 (ON C.A.)

Mustapha's counsel did everything short of mention Hedley Byrne. I'd say it's at least 50-50 that Hedley Byrne was in the Mustapha factum. Look at paras 7, 10, 12, 14, 16, 34, 53, 56, 57, 65 especially and related footnote 11, 66, 67.

----- Original Message ----
From: Jason Neyers  
Sent: Wednesday, October 24, 2007 12:52:30 PM
Subject: ODG: Mental Illness and Special Relationships

Colleagues:

Following on from our recent discussions, does anyone know of a case where someone has argued that there should be recovery for mental distress/illness on the basis of a Hedley Byrne type assumption of responsibility?

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