Andrews v Grand & Toy Alberta Ltd

One of the SCC's 1978 personal-injury trilogy (with Thornton and Lindal). The SCC restated the principles for assessing damages in catastrophic personal injury and capped non-pecuniary damages at $100,000 (indexed for inflation, ~$435,000 today).

Andrews, 21, was rendered quadriplegic by a Grand & Toy delivery truck. The trial judge awarded substantial damages on multiple heads.

How are damages for catastrophic personal injury to be assessed? Should non-pecuniary damages be capped?

Heads of damages restated. Non-pecuniary damages capped at $100,000.

Damages are assessed under separate heads: cost of future care, loss of future earning capacity, non-pecuniary loss (pain, suffering, loss of amenities), and special damages (out-of-pocket). Non-pecuniary damages are capped at $100,000 (1978 dollars), indexed for inflation, save in exceptional circumstances.

Dickson J held that there is no objective measure of non-pecuniary loss; the cap promotes consistency, predictability, and reasonable insurance pricing. The functional approach asks what amount of money is reasonable to provide solace and comfort.

Defines Canadian personal-injury damages doctrine. The cap (now ~$435,000 indexed) is one of the most distinctive features of Canadian compared to US tort law. Reaffirmed in Lee v Dawson (BCCA, 2006) and many appellate decisions.

Andrews v Grand & Toy Alberta Ltd, [1978] 2 SCR 229, 1978 CanLII 1 (SCC).

Laskin CJ, Martland J, Ritchie J, Spence J, Pigeon J, Dickson J, Beetz J