Abstract
Over 40 years ago, the Supreme Court of Canada set an “upper limit” on the amounts which can be awarded as compensation for the non-pecuniary component of a bodily injury. This upper limit is now an effective cap. While the interpretation of the principles first set out by the Court has evolved, the cap has enjoyed a surprising and unusual stability, even as our society has changed. This short essay preliminarily sets out my thoughts on the cap, how it is understood by our courts, and the arguments which could lead to its abolition.
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