Tort Deductible 4: Current cap for pain and suffering

jc2018

Hi Graham,

I think the exceptions listed should say "negligence causing financial damage" as in the case of Young v. Bella and not "negligence involving catastrophic personal injury" since the latter is basically what the Trilogy was trying to limit payments on.

Regards,

chrisboersma

I think Graham is referring to the line Save in exceptional circumstances found in the original rulings from 1978; but I could be mistaken. In the context of Young V. Bella it was merely noted as a negligence case outside the personal injury context (unlabeled). Note: 50% of the payment in that case was for non-pecuniary (non-financial) losses.

jc2018

On page 11 of the reading for the cap on non pecuniary general damages, it specifically says that the SCC does not see a reason why considerations from cases due to "negligence causing catastrophic personal injuries" should extend to cap jury awards in Young v. Bella case and also the whole trilogy cases are about removing serious social burden due to catastrophic pursonal injury awards.
It also says "the case for imposing a cap in cases of negligence causing economic loss is not made out here." which indicates that Young v. Bella is a negligence case causing financial(economical) damage.

chrisboersma

hmm... you are correct.

Although one should be careful to include a reference to economic losses not caused by accident or medical malpractice.

graham

Hi jc2018,

Where are you seeing the comment "negligence involving catastrophic personal injury"? I thought I removed it and replaced it with "negligence causing financial damage". Are you looking at an old version of that wiki ariticle? (See BattleCard 3 in Dav.NonPec.)

Also, I notice this post is in FSCO.Covgs, but it seems like a topic from Dav.NonPec.

jc2018

https://www.battleactsmain.ca/wiki6c/FSCO.Covgs

Tort Deductible
Tort Deductible 1: Define the term tort deductible

the amount that is deducted from a settlement or court award for pain and suffering
Tort Deductible 2: If a victim is awarded $35,000 for pain and suffering and the tort deductible is $30,000, what is the net amount the victim receives.

$5,000
Tort Deductible 3: What is the purpose of a tort deductible?

to reduce litigation of minor claims (because if the award is less than the deductible, the net amount received by the victim would be zero anyway)
**Tort Deductible 4: What is the current cap on awards for pain and suffering?

$100,000 inflation-adjusted from 1978, but subject to certain exceptions (sexual abuse, defamation, negligence involving catastrophic personal injury)**
Tort Deductible 5: What are some proposed reforms to Canada's tort laws?

JCCV: Do you remember what this means??!! If not, review Harris.Tort.

graham

Sorry, my bad. I misread your original post. You're right that it should say "negligence causing financial damage". (I had corrected this in the wiki article for Dav.NonPec, but I forgot to change it here.)

Thanks for pointing this out.