Tort

Personal-Injury Damages — The 1978 Trilogy

Andrews/Thornton/Lindal: heads of damages and the non-pecuniary cap.

The 1978 personal-injury trilogy (Andrews v Grand & Toy, Thornton v School District 57, Arnold v Teno) restated Canadian damages doctrine. Damages are assessed under separate heads: cost of future care, loss of future earning capacity, non-pecuniary loss, and special damages. Non-pecuniary damages were capped at $100,000 (1978 dollars), indexed for inflation — approximately $435,000 today.

The cap is one of the most distinctive features of Canadian compared to US tort law and has survived repeated challenges (most recently in Lee v Dawson, BCCA 2006).

Key principles

Four heads of damages
Future care; lost earning capacity; non-pecuniary loss; special damages.
Functional approach
Non-pecuniary damages assessed by reference to what amount provides solace and comfort.
Cap on non-pecuniary damages
$100,000 in 1978 dollars, indexed for inflation. Approximately $435,000 in 2026.

Cases (12)

Tort

Personal-Injury Damages — The 1978 Trilogy

Andrews/Thornton/Lindal: heads of damages and the non-pecuniary cap.

The cap is one of the most distinctive features of Canadian compared to US tort law and has survived repeated challenges (most recently in Lee v Dawson, BCCA 2006).

Key principles

Four heads of damages
Future care; lost earning capacity; non-pecuniary loss; special damages.
Functional approach
Non-pecuniary damages assessed by reference to what amount provides solace and comfort.
Cap on non-pecuniary damages
$100,000 in 1978 dollars, indexed for inflation. Approximately $435,000 in 2026.