Janet De Vita and Katharine Hennebery explain non-pecuniary
damages in 2025 and how the "$100,000 Trilogy" cap has
changed.
When a court awards damages in a personal injury case, it
differentiates between pecuniary losses and non-pecuniary losses.
Pecuniary damages refer to things that are easily quantifiable,
such as past and future wage loss, and out-of-pocket expenses.
Non-pecuniary damages are less tangible and include pain and
suffering damages, and loss of enjoyment of life.
In Canada, non-pecuniary damages were capped in 1978 by the
Supreme Court of Canada in a series of cases commonly referred to
as "The Trilogy." The decisions are Andrews v. Grand
& toy Alberta Ltd., [1978] 2 SCR 229, Arnold v.
Teno [1978] 2 SCR 287, and Thornton v. School Dist. No. 57
(Prince George) et al., [1978] 2 SCR 267.
