There are two main sets of damages available in personal injury cases: non-pecuniary general damages (generally known as damages for pain and suffering) and pecuniary loss (i.e. the financial cost to an injured person).
Non-pecuniary general damages in Canada are limited by a cap which was imposed by the Supreme Court of Canada in 1978. In a “trilogy” of cases involving catastrophically injured youths, the Supreme Court of Canada capped general damage awards for pain and suffering at $100,000.00[1]. This cap on general damages, however, is indexed to inflation. As of December 2010, the cap was roughly $330,000. Continue Reading…
Posted in Personal Injury | Tagged Cap on General Damages, Damages, Non-Pecuniary Damages, Pecuniary Damages
Where the plaintiff’s injuries are such that they can no longer form or maintain certain types of relationships, the court may award damages for the loss of an interdependent relationship. Not all relationships will attract such damages, nor is it the loss of the relationship itself that is compensable. Rather, these damages are aimed at compensating the plaintiff for the loss of the opportunity to form a relationship which may provide the plaintiff with an economic benefit. Continue Reading…
Posted in Personal Injury | Tagged Damages, Loss of Interdependent Relationship, Loss of Marriageability
Insurance adjusters are sometimes surprised when their investigation file ends up in the hands of the other side. This is especially true when they were suspicious of the claims being made at a very early stage. While we routinely see this issue every day in our practice, addressing it is not necessarily routine.
At some point during the investigation of a potentially litigious file, the purpose of the investigation changes. It changes from the dual purpose of investigation and potential litigation, to solely for the purpose of anticipated or actual litigation. It is at this point that litigation privilege will arise over the contents of the investigation file going forward. Continue Reading…
Posted in Practice and Procedure | Tagged Adjuster's File, Contemplation of Litigation, Investigation, Privilege
Damages awards in recent Ontario court decisions involving catastrophic brain injury have reached unprecedented levels — in the millions of dollars.
In Marcoccia v. Gill, the plaintiff, Robert Marcoccia, was a twenty-something male who injured the frontal and temporal lobes of his brain in a car accident. The jury assessed damages at $16.9 million.
In Sandhu v. Wellington Place Apartments, as a direct result from a fall from a fifth story window, a two-year-old boy sustained a serious frontal lobe brain injury. The jury awarded damages in excess of $12.9 million. Continue Reading…
Posted in Personal Injury | Tagged Brain Injury, Catastrophic Injury, Damages, Future Care Costs
At MMW, we recognize that the law never stands still. There are constant changes. Issues and approaches evolve. Working on the front lines on behalf of our clients gives us a unique perspective on these important shifts.
We are eager to share this perspective with you – our clients, colleagues and friends. So we started writing a blog. As of today, our blog is up and running and ready for you to read.
The new MMW Blog is part of our existing MMW website. It will take the form of an electronic magazine and will be published every two months. The articles will be written by MMW lawyers on topics that are of interest to you.
If you like what you see, and want to receive further postings, subscribe to our email newsletter in the right sidebar.
We are excited to be able to share our perspective with you and hope the MMW Blog proves to be a useful resource. Drop us a line and tell us what you think. Your feedback is important to us.
Posted in MMW News
