Is there a cap on pain and suffering in Canada?
Yes. The Supreme Court of Canada in the 1978 trilogy (Andrews v Grand & Toy, Thornton, and Teno) set a ceiling on non-pecuniary general damages of $100,000, now roughly $430,000 after inflation adjustment. This applies to all personal injury including medical malpractice.
What damages are NOT capped in Canada?
Only non-pecuniary (pain-and-suffering) damages are capped. Pecuniary damages — future cost of care, lost earning capacity, and out-of-pocket expenses — are uncapped. In catastrophic cases these vastly exceed the non-pecuniary cap, which is why awards can still reach many millions.
Why does Canada cap non-economic damages?
The SCC reasoned that money cannot truly restore lost function, so a functional, moderate approach to non-pecuniary loss is fairer and keeps insurance affordable. The cap is a judge-made common-law rule, not a statute, and it rises with inflation.
Does the cap apply to every medical malpractice case?
The cap applies to the non-pecuniary component of every personal injury claim, including malpractice. It rarely limits recovery in serious cases because the economic cost-of-care claim dominates. It matters most in cases where pain and suffering is the primary loss.