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Janet De Vita and Katharine Hennebery explain non-pecuniary damages in 2025 and how the "$100,000 Trilogy" cap has changed.
When a court awards damages in a personal injury case, it differentiates between pecuniary losses and non-pecuniary losses. Pecuniary damages refer to things that are easily quantifiable, such as past and future wage loss, and out-of-pocket expenses.
Non-pecuniary damages are less tangible and include pain and suffering damages, and loss of enjoyment of life.
In Canada, non-pecuniary damages were capped in 1978 by the Supreme Court of Canada in a series of cases commonly referred to as "The Trilogy." The decisions are Andrews v. Grand & toy Alberta Ltd., [1978] 2 SCR 229, Arnold v. Teno [1978] 2 SCR 287, and Thornton v. School Dist. No. 57 (Prince George) et al., [1978] 2 SCR 267.
The cap imposed by the Supreme Court in Andrews was in response to large awards being made by lower courts, which went beyond what was "fair and reasonable" in the circumstances. The court capped non-pecuniary damages at $100,000 in 1978 dollars.
Since then, adjusting for inflation, the cap for non-pecuniary damages has increased to a little under $470,000 in British Columbia and Alberta. This will continue to increase over time, adjusting for inflation.
There are certain exceptions to the non-pecuniary damages cap, which include injuries from intentional torts such as sexual assault. This means that your damages arising from such acts may exceed $470,000, though these cases are rare.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
