Are The Iudicial Caps on Pain and Suffering Damages Constitutional?
For personal injury victims, the compensation for their life-long, catastrophic pain and suffering damages is practically capped by judicial authority or discretion - not by legislation - to a mere $100,000 by way of a trilogy of cases in 1978 by the Supreme Court of Canada. This pain and suffering cap was, however, judicially established before the 1982 Charter of Rights and Freedoms becomes constitutionally entrenched. The cap should not be treated as settled law, because it arbitrarily and seriously limits the overall available compensation to reduce hardships, and help restore a catastrophically injured victim's quality of life to where it should have been, had the wrongful injury not happened.
Read discussion on this systemic issue of legality and constitutionality of the pain and suffering cap at this link to the Canadian Centre for Excellence in Injury Justice webpage: https://injurylawcentre.ca/arbitrary-unconstitutional-trilogy-cap-on-pain-and-suffering.html
For personal injury victims, the compensation for their life-long, catastrophic pain and suffering damages is practically capped by judicial authority or discretion - not by legislation - to a mere $100,000 by way of a trilogy of cases in 1978 by the Supreme Court of Canada. This pain and suffering cap was, however, judicially established before the 1982 Charter of Rights and Freedoms becomes constitutionally entrenched. The cap should not be treated as settled law, because it arbitrarily and seriously limits the overall available compensation to reduce hardships, and help restore a catastrophically injured victim's quality of life to where it should have been, had the wrongful injury not happened.
Read discussion on this systemic issue of legality and constitutionality of the pain and suffering cap at this link to the Canadian Centre for Excellence in Injury Justice webpage: https://injurylawcentre.ca/arbitrary-unconstitutional-trilogy-cap-on-pain-and-suffering.html