What qualifies as a catastrophic injury in Canada?
Catastrophic impairment is defined by provincial regulation - in Ontario, the SABS lists paraplegia, tetraplegia, severe traumatic brain injury, amputation, blindness, and impairments meeting specified whole-person thresholds. A catastrophic designation unlocks the highest accident-benefit limits and removes certain restrictions.
Is there a cap on catastrophic injury damages in Canada?
Non-pecuniary general damages (pain and suffering) are capped by the 1978 Supreme Court trilogy at about $430,000 today after inflation. However, the largest heads of a catastrophic claim - future attendant care, future medical costs, and lost earning capacity - have no cap and often reach several million dollars.
How is lifetime attendant care valued?
An occupational therapist prepares a Cost of Future Care report projecting hourly attendant care needs (which may be 24-hour), multiplied by hourly rates over the person's life expectancy, then discounted to present value by an economist at the statutory rate (2.5% net in Ontario).
Why are catastrophic claims worth millions?
Because lifetime attendant care alone can cost hundreds of thousands per year for decades, and future medical, assistive technology, home and vehicle modification, and lost lifetime earnings stack on top. The present value of these future costs frequently exceeds $5-10 million in severe cases.