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General damages, also known as non-pecuniary damages, are a type of monetary compensation awarded in civil lawsuits, intended to compensate a plaintiff for intangible losses, such as:
These losses do not have a fixed monetary value and are assessed based on the impact they have on the injured person’s life.
The Supreme Court of Canada has clarified the purpose of general damages as follows:
Money is awarded because it will serve a useful function in making up for what has been lost in the only way possible, accepting that what has been lost is incapable of being replaced in any direct way.
Andrews v. Grand & Toy Alberta Ltd., [1978] 2 SCR 229, p. 262
In other words, general damages provide a form of compensation for losses that can’t be objectively measured but are deeply felt.
An award for general damages will usually depend on the following factors:
An award for general damages does not only depend on the immediate pain suffered at the time of the accident; it will also depend on the person’s recovery and ongoing pain and suffering, taking into consideration their particular situation.
General damages are often guided by past cases, known as precedent. To promote consistency in general damages awards across the country, similar injuries will attract similar awards. For example, if you have sustained a fracture in your right arm, you will want to rely on past cases where courts have awarded general damages for a fractured arm.
However, reliance of past caselaw is but one step in the assessment of general damages. General damages awards in past cases with similar injuries will be adjusted to fit the specific factors of a particular plaintiff.
The County of Carleton Law Association publishes a Compendium of damages awarded in personal injury actions across Ontario, which can be helpful in assessing general damages in cases with similar injuries.
The Supreme Court of Canada has recognized that awards for general damages must be viewed flexibly, in recognition of “changing economic conditions”. In other words, an award for general damages from previous caselaw should be adjusted to reflect inflation. For example, an award for general damages made in 1993 in the amount of $30,000.00 would be equivalent to approximately $58,200.00 in 2025, after adjusting for inflation.
As previously mentioned, there are certain factors that will be considered when assessing a personal injury claim for general damages. It is not only the immediate pain suffered at the time of the accident that will be considered.
Information for Your Lawyer
Important information to provide your lawyer in order to substantiate your claim for general damages includes, but is not limited to:
Expert Witnesses
Expert witnesses may also assist in substantiating your claim for general damages by addressing concerns including, but not limited to, your pain and suffering, the impact the injuries have had on your ability to earn income, the impact on your ability to participate in previously enjoyed hobbies and activities, your ability to participate in activities of daily living, the prognosis for recovery, the permanence of the injuries, and the requirement for ongoing treatment. These factors may be evaluated during the expert’s assessment of the plaintiff and in their expert report.
Lay Witnesses
Lay witnesses are also key in supporting your claim for general damages. Lay witnesses are regular people who are not experts but have personal knowledge about your situation. This can include friends, family, coworkers, supervisors and managers, and anyone who has seen how your life has been affected by your injuries. Evidence provided by lay witnesses can support your claim for general damages. It is important to provide your lawyer with the names and contact information of anyone you believe has a good understanding of your injuries and the impact they have had on your life.
General damages are also subject to conditions that may affect the monetary award received. These conditions include caps, statutory deductibles, and any contributory negligence.
First, the Supreme Court of Canada has imposed a maximum for pain and suffering damages ($463,000.00 as of August 2025). The upper limit of this amount is reserved for the most serious injuries, such as tetraplegia, quadriplegia, severe brain damage, amputations, and other catastrophic injuries. The higher the award, the more serious the impairment.
Second, in cases involving motor vehicle accidents, the Insurance Act provides that an award for general damages below the threshold of $155,965.54 will be subject to a statutory deductible of $46,790.05. This means that the insurance company for the at-fault driver will get to keep the first $46,790.05 of your general damages award. These are 2025 amounts and they are updated annually for inflation.
Lastly, if you are found to have contributed to the incident through your own negligence, your general damages award will be reduced by the percentage of your fault. For instance, if you are deemed 10% negligent, your compensation for general damages will be reduced by 10%.
General damages aim to compensate for losses that cannot be easily quantified such as the pain and suffering and loss of enjoyment of life that often follow serious injuries. While guided by legal precedent and policy, each case must be determined on the consideration of the individual circumstances.
If you have suffered an injury and believe you are entitled to compensation, speaking with an experienced personal injury lawyer can help ensure that your claim is fully and fairly presented.
For advice, please text 613-777-0992 or contact us through our website to schedule a meeting with one of our lawyers. We provide a free consultation, in French or English, to ensure that your rights are protected. In most cases, we can offer to represent you on a contingency fee basis. This means that you do not pay legal fees unless you win or achieve a settlement on your case.
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