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 damagesFuture care; lost earning capacity; non-pecuniary loss; special damages.
- Functional approachNon-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.