Phone: (709) 579-4000
Toll Free: (888) 579-3262

I am here because:

Ontario Awards Climb Towards $20 Million


Posted on Dec 18, 2009

Two recent eye catching Ontario decisions in personal injury cases show that courts in that province do not shy away from very large numbers. 

In one case, the Ontario Court of Appeal confirmed an award of more than $15 million plus costs, given after a six week jury trial.  The defendants appealed on both liability and damages. 

In another case, a trial judge awarded a 15-year-old girl and her parents a total of $18,427,000 in damages.  She had been severely brain injured in a crash.  She was unemployable and required 24-hour supervision.

The judge awarded the maximum non-pecuniary general damages allowed by the so-called trilogy cases, namely $336,968.  The plaintiff's mother received $160,000, her father $125,000, and her brother $50,000 for loss of guidance, care and companionship.

Most of the award was taken up with future care costs, at over $15 million.  The court accepted evidence of a healthcare economist that healthcare costs are expected to rise at a rate greater than the general rate of inflation, and used a discount rate more generous than the prescribed rates.  The defence argued for a 25% contingency deduction from the future cost of care award to reflect the possibility of diminished life expectancy, but the court held that the burden of establishing reduced life expectancy rested with the defendants.  In the absence of such evidence, the court concluded that the plaintiff had a normal life expectancy. 

(For Ches Crosbie's blog comments and links to these decisions see Ontario Courts Not Afraid of Large Numbers.)

back to top


Bookmark and Share