How the Minor Injury Caps Interact with General Damages

The minor injury caps are provincial rules that put a fixed ceiling on general damages for a narrow class of motor vehicle injuries. They are separate from the national limit the Supreme Court of Canada set in 1978. They apply at the bottom of the scale rather than the top, and they reach only injuries that fit a regulatory definition.

Which Atlantic Provinces Use Minor Injury Caps

New Brunswick, Nova Scotia and Prince Edward Island each cap general damages for a defined minor injury arising from a motor vehicle accident. Each cap amount is set by regulation and adjusted for inflation, so the figure that applies is the one in force for the year of the accident rather than a fixed historical number. Newfoundland and Labrador has no cap of that kind and instead subtracts a fixed deductible from a general damages award in a motor vehicle claim.

The Definition Does the Work, Not the Label

A cap bites only if the injury meets the regulatory definition, which in each province is built around strains, sprains, whiplash associated disorders and similar soft tissue injuries that do not cause a serious impairment. An injury that produces a serious and lasting impairment of an important function falls outside the definition and is assessed at large. Argument about a cap is therefore argument about medical evidence and function, not about the accident.

What the Caps Do Not Touch

The caps limit general damages only. Wage loss and the cost of treatment and future care are unaffected. The caps also apply only to motor vehicle claims, so a trip and fall or a dog bite claim is assessed with no ceiling at the low end.

How the Caps Sit Against the National Ceiling

The supreme court cap chapter covers the ceiling that applies to the most serious claims. The provincial caps work at the other end of the scale and are met far more often. Between the two, ordinary assessment applies, as set out in how courts assess general damages. The provincial statutes and regulations are published on CanLII.

What This Means for a Claim

Where a cap is in issue the medical evidence collected in the first year usually decides it, because that is the period in which impairment is documented or is not. The firm argues the cap point on car accident files in all four Atlantic provinces, with no fee unless the claim resolves.