NCJ Number
132519
Journal
Journal of Forensic Sciences Volume: 36 Issue: 5 Dated: (September 1991) Pages: 1430-1434
Date Published
1991
Length
5 pages
Annotation
The standards for damages used in Canada are described and compared with American law.
Abstract
The standards are based on four cases: two quadriplegia, one severe neurologic injury, and one death which were all decided in 1978 and serve as guidelines in determining awards for severe injury in Canada. Significant differences between the Canadian and American personal injury laws are found in the no jury trials, monetary limitations for pain and suffering, and emphasis on maintenance of maximal living style. In these four cases, monetary awards, modest by American standards, were given in situations in which there was severe injury. Judicial limitations on pain and suffering or nonpecuniary damage differed markedly between the two countries. This limitation is probably reflected in much lower insurance costs. Of particular significance was the fact that no award was made for medical and hospital care, since all Canadians are entitled to such care. This is in direct contrast to American laws in which awards are given even when there has been no direct outlay and even when the party has been reimbursed several times through multiple insurance policies. The Canadian courts focus on care rather than compensation. Reminiscent of the American system were the questionable use of expert opinion and judicial decision making. (Author abstract modified)