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ARTICLE · 21 JULY 2025

Sexual Assault Claims – No Cap On Pain And Suffering Damages

Watson Goepel LLP
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Generally, in personal injury claims and medical malpractice claims, there is a "rough upper limit" with respect to the amount that can be awarded for pain and suffering damages (also called non-pecuniary damages).

CanadaLitigation, Mediation & Arbitration
Katharine E. Hennebery
Katharine E. Hennebery
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Generally, in personal injury claims and medical malpractice claims, there is a "rough upper limit" with respect to the amount that can be awarded for pain and suffering damages (also called non-pecuniary damages). This limit was established in 1978 by the Supreme Court of Canada in Andrews v. Grand & Toy Alberta Ltd., [1978] 2. S.C.R. 229, and was set at $100,000. This has been adjusted since then for inflation, and is currently $490,000. This limit is typically awarded in cases where the plaintiff is catastrophically injured, such as a severe brain injury or spinal cord injury.

The courts have decided that this cap may not apply to cases of sexual abuse, it is often helpful to have a lawyer conduct a confidential review.

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