What is the cap on general damages in Canada?
In its 1978 'trilogy' (Andrews v Grand & Toy, Thornton, Teno), the Supreme Court of Canada set a rough upper limit of $100,000 on non-pecuniary general damages for pain and suffering. Adjusted for inflation, that ceiling is now approximately $460,000. It applies to the most catastrophic injuries and does not cap pecuniary losses.
What is the difference between special and general damages?
Special (pecuniary) damages compensate measurable financial losses: medical expenses, lost income, future care costs, and out-of-pocket expenses. General (non-pecuniary) damages compensate intangible harm such as pain, suffering, and loss of enjoyment of life. Only non-pecuniary damages are subject to the trilogy cap.
Does the cap apply to all civil claims?
No. The trilogy cap applies to non-pecuniary damages in personal injury cases. It does not apply to defamation, which can produce large non-pecuniary awards, nor to pecuniary losses, punitive damages, or breach of contract claims measured by financial loss.
Are punitive damages common in Canada?
No. Canadian courts award punitive damages sparingly, only where the defendant's conduct is high-handed, malicious, or a marked departure from ordinary standards of decency (Whiten v Pilot Insurance). Awards are modest by US standards and must be rationally proportionate to the wrongdoing.