The appellant suffered severe brain damage in a motor vehicle accident caused by the respondent's negligence.
The trial judge awarded $135,000 for non-pecuniary damages, exceeding the $100,000 upper limit established by the Supreme Court of Canada in the 'trilogy' cases, citing the severity of the injuries.
The Court of Appeal reduced the award to $100,000.
On appeal, the Supreme Court of Canada affirmed the reduction, holding that the $100,000 limit is not based on the gravity of the injury alone but on the functional approach of providing reasonable solace.
The Court confirmed that while inflation may justify exceeding the limit, it was not a significant factor in this case.
