Trilogy

Question 1

define ‘non-pecuniary damages’

Answer 1

• damages that are not readily quantified
• pain and suffering beyond compensation for medical care and loss of income

Question 2

describe the Trilogy ruling

Answer 2

Supreme Court of Canada established a 100k cap on non-pecuniary damages (later given an inflation adjustment, and subject to certain exceptions)

Question 3

describe reasons for caps on general (non-pecuniary) damages

Answer 3

(CAPS):
- compensation from economic damages is already handled
- amount of money can never provide true restitution
- payment of claims can become extravagent without a cap
- social burden is increased without caps

Question 4

exceptions to Trilogy decision

Answer 4

• sexual abuse
• defamation
• negligence causing financial loss

Question 5

reason for the Supreme Court’s exceptions to Trilogy cap

Answer 5

no evidence that these exceptional cases would increase cost of insurance or social burden

Question 6

effect of cap on equity between minor, severe injuries

Answer 6

• minor injuries are over-compensated
• major injuries are under-compensated