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Quebec · back & spine

Back & spine settlements
in Quebec.

By 6 min read

Quebec is Canada's only civil-law jurisdiction and operates a SAAQ no-fault auto scheme that bars tort recovery for motor injury since 1978. For back & spine claims specifically, the band is built from the Andrews v Grand & Toy non-pecuniary cap framework and then adjusted for Quebec's no-fault statutory scheme and any applicable statutory cap.

Quebec operates within a no-fault statutory scheme that channels back & spine claims away from common-law tort recovery and into a first-party benefits framework. The scheme typically requires the claimant to exhaust statutory benefits (medical, wage loss, rehabilitation) before a residual tort claim becomes available, and even then only above an impairment or expense threshold. This materially compresses the lower end of the back & spine settlement band relative to traditional tort jurisdictions.

Quebec's caps (andrews cap (non-pecuniary)) apply to the non-economic component of back & spine damages and can compress upper-tier verdicts. The exact application depends on the cause of action and the head of damage; the caps section on this page sets out each ceiling and the conditions under which it bites.

Because Quebec is a no-fault auto insurance state, back & spine claims arising from motor-vehicle accidents are first routed through Personal Injury Protection (PIP) coverage. Tort recovery against the at-fault driver is gated by the state's serious-injury threshold, which materially limits the lower end of the back & spine settlement band. Société de l'assurance automobile du Québec (SAAQ) administers no-fault auto. No tort recovery for motor injury since 1978 reform.

band · Canada federal frame
C$120,000 – Andrews cap
Back — severe (surgical)
Catastrophic-band decisions

The Canada band is the starting point. Quebec's fault rule and any applicable cap then adjust the figure.

QC · statute of limitations
3 years for civil action under Civil Code

Code Civil du Québec, art. 2925

QC · fault rule
No-fault statutory scheme

Motor injury is administered under SAAQ no-fault scheme — no tort recovery available for motor injury. Civil-code damages apply outside the motor sphere.

QC · caps

What caps recovery.

Statutory caps that may bear on a back & spine settlement in Quebec.

back & spine severity tiers · Canada frame

How the band stratifies.

The Andrews v Grand & Toy non-pecuniary cap stratifies back & spine into the tiers below. Quebec courts apply the same tier structure, adjusted for state-specific factors.

Severity tierBandBasis
Back — moderateC$40,000 – C$150,000Reported decisions
Back — severe (surgical)C$120,000 – Andrews capCatastrophic-band decisions
back & spine · same region & fault regime

Compare to like jurisdictions.

How Quebec's fault rule and limitation period compare to jurisdictions in the same Canada region and to those running the same fault rule for back & spine claims.

JurisdictionFault ruleLimitationBack & spine page
Quebec · you are hereNo-fault statutory scheme3 years for civil action under Civil Code
ManitobaNo-fault statutory scheme2 years from discoverabilityMB · back & spine
British ColumbiaCommon-law contributory reduction2 years from discoverabilityBC · back & spine
AlbertaCommon-law contributory reduction2 years from discoverabilityAB · back & spine
SaskatchewanCommon-law contributory reduction2 years from discoverabilitySK · back & spine
Nova ScotiaCommon-law contributory reduction2 years from discoverabilityNS · back & spine
New BrunswickCommon-law contributory reduction2 yearsNB · back & spine
Newfoundland and LabradorCommon-law contributory reduction2 yearsNL · back & spine
Prince Edward IslandCommon-law contributory reduction2 years from discoverabilityPE · back & spine
YukonCommon-law contributory reduction2 yearsYT · back & spine
Northwest TerritoriesCommon-law contributory reduction2 yearsNT · back & spine
NunavutCommon-law contributory reduction2 yearsNU · back & spine
OntarioCommon-law contributory reduction2 years from discoverabilityON · back & spine
QC · back & spine · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

editorial note

Figures on this page are starting points: the Canada band adjusted for Quebec's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in Quebec. See /methodology, /sources, and /disclaimer.