By Steph Walsh in Uncategorized on June 15, 2024
In Canadian law, compensation for pain and suffering is often called “general damages” because it is a broad category of damages that compensates plaintiffs for “non-monetary” losses. These losses are not easily quantifiable, as they do not have a specific economic value like lost wages or incurred medical expenses. Instead, general damages aim to compensate for the intangible aspects of an injury, such as physical pain, emotional distress, loss of enjoyment of life, and loss of amenities.
Our Ontario Court of Appeal has provided explanations and definitions of general damages in hundreds of cases over the last 50 years. One good explanation stems from a case called Degennaro v. Oakville Trafalgar Memorial Hospital (2011 ONCA 319), where the court stated that:
“General damages are awarded to compensate for non-pecuniary losses such as pain and suffering, loss of amenities and loss of enjoyment of life. They are intended to provide solace for the plaintiff’s intangible losses. These damages are not intended to be a precise quantification of the plaintiff’s losses, but rather a reasonable sum that will provide the plaintiff with some measure of consolation for his or her intangible losses.”
The court further elaborated on the purpose of general damages:
“The award of general damages is not intended to be a precise mathematical calculation but rather a reasonable sum that will provide the plaintiff with some measure of consolation for his or her intangible losses. The amount of the award should be fair and reasonable to both parties and should be assessed in light of the particular circumstances of the case, the positions of the parties and the relevant legal principles.”
In another case called Antrim Truck Centre Ltd. v. Ontario (Transportation) (2013 ONCA 589), the Ontario Court of Appeal reiterated the purpose of general damages:
“An award of general damages is not intended to be a precise mathematical calculation but rather a reasonable sum that will provide the plaintiff with some measure of consolation for his or her intangible losses. The amount of the award should be fair and reasonable to both parties and should be assessed in light of the particular circumstances of the case, the positions of the parties and the relevant legal principles.”
Ontario courts view general damages as providing reasonable compensation for a plaintiff’s non-pecuniary losses. They consider each case’s unique circumstances and strive to reach a fair outcome for both parties.
Yes, unfortunately, there is. And in our opinion, there should not be.
In 1978, the Supreme Court of Canada established a cap on general damages in the case of Andrews v. Grand & Toy Alberta Ltd. The court, at that time, recognized the need for a uniform and predictable approach to assessing general damages in personal injury cases across Canada.
The Supreme Court set an upper limit of $100,000 (equivalent to approximately $447,550 in April of 2024 after adjusting for inflation) for non-pecuniary damages, which include pain and suffering, loss of enjoyment of life, and loss of amenities.
The court’s decision aimed to prevent excessive awards and to ensure fairness and consistency in the Canadian legal system. The cap applies to all personal injury cases in Canada, except defamation cases, and the amount can be adjusted for inflation over time.
However, this doesn’t mean every injury warrants the maximum amount. The compensation you receive for pain and suffering will depend on the severity and circumstances of your injury. Generally, more severe and life-altering injuries will result in higher pain and suffering awards.
There are factors that Courts determine when awarding damages for pain and suffering in personal injury cases, some of which include:
Understanding the concept of general damages and the cap on pain and suffering compensation in Canada is crucial for anyone who has suffered a personal injury. While the Supreme Court’s decision to limit non-pecuniary damages aimed to ensure fairness and consistency across the country, it is essential to remember that each case is unique, and the compensation you receive will depend on the specific circumstances of your injury.
Remember, navigating the legal system and seeking the compensation you deserve can be a daunting task, especially when you are dealing with the physical, emotional, and financial consequences of an injury. You need the expertise of a skilled and compassionate personal injury lawyer to do this.
No matter if you have been hurt in a bicycle accident, as a pedestrian, in a car accident or in a motorcycle accident, Lalande Personal Injury Lawyers understand the challenges you face and are dedicated to helping you obtain the maximum compensation available for your pain and suffering, as well as other damages. Our experienced team has a proven track record of success, having recovered over $60MM in compensation for injured victims in Hamilton and across Ontario since 2003.
If you or a loved one has been injured in an accident, we encourage you to reach out to us for a free consultation. We will take the time to listen to your story, assess your case, and provide you with the guidance and support you need during this difficult time. Together, we can work towards securing the compensation you deserve and help you move forward on your path to recovery.
Call us Nationwide at 1-844-LALANDE or throughout Ontario at 905-333-8888. Alternatively, you can send a confidential email through our website to set up a consultation and learn your legal options. Our team is ready to help you understand your rights and what to expect as you navigate this process. Consultations are 100% free and come with no obligation.
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