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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 · neighbouring jurisdictions

Compare to neighbours.

How Quebec's fault rule and limitation period compare to other Canada jurisdictions for back & spine claims.

JurisdictionFault ruleLimitationBack & spine page
Quebec · you are hereNo-fault statutory scheme3 years for civil action under Civil Code
OntarioCommon-law contributory reduction2 years from discoverabilityON · back & spine
British ColumbiaCommon-law contributory reduction2 years from discoverabilityBC · back & spine
AlbertaCommon-law contributory reduction2 years from discoverabilityAB · back & spine
ManitobaNo-fault statutory scheme2 years from discoverabilityMB · 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
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.