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Non-Pecuniary Damages

General Damages: We Know When They Will Be Reduced by Collateral Benefits; We Just Don’t Know Why

By Michael Kealy

Mar4

The Ontario Legislature works in weird and mysterious ways, sometimes. When it is not prorogued or debating setting inquiries into the cancellation of power plants, the Legislature will sometimes issue laws which seem, well, contradictory. Take the deduction of collateral benefits in car accident cases.

Posted in Auto Insurance, Automobile Accidents, Motor Vehicle | Tagged Accident, Catastrophic Injury, Damages, Insurance Act, Non-Pecuniary Damages, Pedestrian, Unidentified/Uninsured Automobile Coverage

Personal Injury Damages Are on the Rise

By Michael Kealy

Jul4

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.  [...]

Posted in Personal Injury | Tagged Cap on General Damages, Damages, Non-Pecuniary Damages, Pecuniary Damages

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