Section 3: Procedures, Issues, and Careers

Lesson 3: Challenging Issues

The Size of Damages

One of the issues challenging the courts today in negligence law is the size of damage awards. In 1978, the Supreme Court of Canada placed a cap of $100 000 on damages for non-monetary loss. This figure has since been raised significantly to compensate for inflation, but still there is no ceiling on things like special damages. Traditionally, in awarding special damages, the courts have assumed that seriously injured plaintiffs will need 24-hour-a-day home care for the rest of their lives, which can result in the millions of dollars.

The situation in the United States, where plaintiffs are frequently awarded many millions of dollars in damages, is far more extreme than in Canada. People in favour of big awards like this usually point out the extraordinary costs of care that accident victims require along with the incalculable pain and suffering, and loss of pleasure in life, they often experience. Those opposed to awards like this point out that very few people can pay them and that they destroy the lives of those who are expected to do so. They also point out that large settlements encourage people to sue anyone they can at the drop of a hat.

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