SCC caps pain awards (ter Neuzen v. Korn).

• Author: Teresa Mitchell

The Supreme Court of Canada recently released a judgment that re-affirmed the existence of a cap on damages for pain and suffering in personal injury cases that has existed in Canada since the 1970s. The upper limit for these awards is presently about $255,000. Canada's top court also advised trial judges to instruct juries about the existence of the cap if he or she thinks the jury might award damages that approach or exceed the cap and gives them the power to actually slash a jury damage award that exceeds the cap to conform with it. The Court also ruled that the cap applies to AIDS related actions. The plaintiff in this case was suing her...