Day 25
Note: I am a poor note-taker and these summaries will contain errors and omissions which will reflect my limitations. My intention is to report on the facts as accurately as possible although a subconscious bias may creep in. I can only provide glimpses into what I see as relevant and interesting events. My goal is to capture the essence of the day’s events rather than be comprehensive.
Read the reference documents: The Legal Case and Events Leading to Trial to obtain an understanding of the case and its history. Names and terms are abbreviated and defined in Glossary.
Direct Examination of Dr. Mandel by Mr. Harrison (Caylan’s Counsel)
Dr. Mandel, BA, MA, PhD, R. Psych, is a clinical and rehabilitation psychologist. His CV is 23 pages.
Mr. Harrison sought to qualify him as an expert in clinical, psychological, and vocational assessment; cognitive functioning; psychological injuries and diagnoses; and the impact of such injuries on employment and employability.
Qualification Evidence
Dr. Mandel obtained an M.A. in Clinical Psychology with Honours and a Ph.D. in Psychology (Clinical/Counselling).
His private practice now focuses primarily on medical‑legal assessments, including psychological, cognitive, and vocational evaluations.
His main practice areas involve personal injury litigation, chronic pain, and rehabilitation.
He previously provided psychotherapy to a broad range of clients with physical and psychiatric disabilities.
His firm holds a contract with the Alberta government to provide psychological assessments for the AISH program across Southern Alberta.
His firm also provides assessments for assisted living and social support programs, including post‑secondary students with learning disabilities.
He conducts assessments for the Workers’ Compensation Board.
His goal in any assessment is to provide as clear a psychological and holistic picture as possible and determine the impact of an injury on future employment capability.
He has testified as an expert witness 33 times.
The Court recognized Dr. Mandel as an expert in the areas requested. His report and sur‑rebuttal report were entered as exhibits.
Expert Testimony
Factors Considered
Ms. Ford was referred for a psycho‑vocational assessment to determine the impact of the alleged defamation on her psychological functioning and employability.
His assessment included a four‑hour interview, 5.5 hours of psychometric testing by his assistant, review of all documents provided by counsel, and vocational research.
His firm administered 20 objective tests of Caylan, extending over two days.
He reviewed 24 documents, including reports from Dr. Bajwa, Dr. Pachet, Dr. Lucido, and Dr. Hashman.
Caylan provided her personal and medical history and stated she had sustained damage to her “moral personality.”
She reported feeling she was no longer as good a person as she once believed; less courageous and resolute; less reliable as a friend and coworker; more insecure; more sensitive to perceived slights; more attuned to negative experiences; unable to let go of negative thoughts; fatigued; less motivated; socially uncomfortable, sad and prone to spontaneous crying.
She had 50 incomplete essays on her laptop and was hyper‑aware of criticism.
Dr. Mandel described her as very intelligent, a deep thinker, introspective, and formerly high‑achieving.
Test Results
Caylan’s IQ of 132 places her in the very superior range, higher than 99% of her age group.
Her FSIQ is consistent with success at the doctoral level and in occupations requiring the highest cognitive complexity.
She demonstrated exceptional verbal comprehension (99.7th percentile), the most important cognitive function for academic and verbally demanding professions (e.g., lawyer, politician, film author, school administrator).
Her working memory score (77th percentile) was a relative weakness and consistent with her reported difficulties concentrating.
Working memory score of 111 represents a major discrepancy from her other index scores.
Processing speed was her second‑lowest score but still in the superior range.
The discrepancy between working memory and her other scores is consistent with trauma; differences of this magnitude occur in only 1.5% of cases.
Working memory, processing speed, and executive functioning are the cognitive domains most affected by depression.
Her working memory score would not be expected in someone with her overall intellect.
Dr. Mandel stated her results were among the highest he had seen in his 35+‑year career. Individuals with IQs like hers can succeed at the highest academic levels and access virtually any career.
Performance validity tests confirmed she was truthful and neither minimizing nor exaggerating symptoms.
Her tests consistently indicated major depressive disorder.
The results objectively confirmed her subjective complaints of reduced cognitive functioning and diminished productivity.
Present Condition
Dr. Mandel concluded that Caylan was forced to resign her candidacy, became a political pariah, endured repeated personal attacks, suffered reputational harm, and developed significant negative psychological reactions—best characterized as major depressive disorder and trauma.
Her marital relationship was severely strained by her depression, and she is now divorced.
She showed signs of post‑traumatic stress; although the original trauma does not meet the criteria for PTSD, she exhibited PTSD‑type symptoms.
Her depression is marked by sadness, loss of interest, and loss of pleasure.
She has become excessively self‑absorbed, unassertive, downhearted, and shy.
She tends to devalue her achievements and fears humiliation and rejection.
She is apprehensive and uncomfortable socially.
She is introspective and self‑conscious, unsure of her identity and self‑worth, and sees herself as markedly and negatively different from others.
She experiences an isolated and distorted sense of self, along with dysphoric and fatalistic thoughts—highly indicative of major depressive disorder.
She feels trapped in ongoing hopelessness, alienation, and self‑criticism.
Depression affects cognitive functioning, particularly executive function, memory, and attention.
There is ample evidence that depression impairs cognitive performance.
In Dr. Mandel’s view, Caylan has never not been depressed since 2019, though her symptoms wax and wane.
Her depression is prolonged and chronic; she has never been in remission.
Effect on Earnings
Caylan reported difficulty paying attention, concentrating, maintaining her train of thought, managing workload, completing tasks on time, and meeting her own expectations at least 50% of the time.
Depression substantially affects cognitive functions such as slowed thinking, concentration, memory, and decision‑making.
These impairments significantly affect day‑to‑day functioning, including employment.
A study of 771 patients found depressive symptom severity correlated with loss of work productivity; even minor symptoms reduced work function.
The study also found that lack of initiative and poor self‑esteem are major barriers to obtaining and maintaining employment.
Another study found that individuals with depression had higher odds of non‑employment, sickness/disability unemployment, home‑care responsibilities, and early retirement.
Depression was associated with reduced weekly hours and lower household income.
Dr. Mandel stated that Caylan experienced loss of opportunity and vocational capital due to the alleged defamation, reputational damage, and resulting psychological harm.
Her ongoing depression and compromised cognitive functioning have reduced her efficiency and productivity.
Absent reputational loss and mental health difficulties, she could have competed for government positions paying $170,000 to $313,000.
He concluded she will suffer a 20–30% lifetime loss of earnings compared to her pre‑2019 potential.
Scientific evidence indicates people with depression retire, on average, 1.5 years earlier.
Dr. Mandel was briefly cross‑examined by counsel for two Defendants.
Dr. Mandel’s testimony concluded and he was excused.