The Supreme Court of Canada will soon hear an appeal of the case Mustapha v. Culligan of Canada Ltd. The case will determine the duty of care owed by defendants in tort liability cases of psychiatric harm. Mustapha and his wife saw a dead fly and a half of another dead fly in an unopened bottle of water supplied to their home by Culligan. As a result, Mustapha was diagnosed as having depression, anxiety and phobias from seeing the dead flies. He sought recovery for his psychological damages. The trial judge found that the psychiatric effect was due to the plaintiff’s unique sensibilities. The Court of Appeal held that the trial judge erred and found that the test for the existence of a duty of care in cases of psychiatric harm is whether it is reasonably foreseeable that a person of normal fortitude or sensibility is likely to suffer some type of psychiatric harm as a consequence of the defendant’s careless conduct.