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Rethinking the cap on pain and suffering damages

Thursday, July 13, 2017 @ 8:51 AM | By Michael Smitiuch

On April 20, a jury in Brantford awarded an injured plaintiff over $2.4 million in damages after a five-week trial. Included in this award was $600,000 for pain and suffering damages. This award came almost 40 years since the Supreme Court of Canada in Andrews v. Grand and Toy Alberta Ltd. imposed what amounted to a cap or upper limit of $100,000 on nonpecuniary general damages for injury cases. In today's dollars, this upper limit is just over $370,000.

The $600,000 award in McKnight v. Her...