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MyClaimWorth
★ glossary entry

Andrews cap

By Reviewed by Abd Shanti, Founder7 min read
★ applies inCanada
★ definition

The Canadian non-pecuniary damages cap established by the 1978 Supreme Court trilogy of Andrews v Grand & Toy Alberta Ltd., Thornton v Prince George School District, and Arnold v Teno.

What it means in practice.

Set originally at C$100,000 in 1978 dollars, indexed by Bank of Canada CPI; the present-day ceiling sits in the C$400,000s for the most catastrophic cases. Applies to non-pecuniary loss only.

The Andrews cap is the upper limit on non-pecuniary damages in Canada, the award for pain, suffering and loss of enjoyment of life. It comes from a 1978 trilogy of Supreme Court of Canada decisions led by Andrews v. Grand & Toy Alberta Ltd., which fixed the limit at $100,000.

Courts adjust that figure for inflation. In a 2025 British Columbia judgment the parties and the court worked from an adjusted figure of approximately $470,000, and the court awarded the full amount to a young woman left with a severe brain injury.

The cap applies only to non-pecuniary damages. Lost earnings and the cost of future care are not capped and can run to millions. British Columbia courts have also held that the cap does not apply to sexual assault or other intentional torts involving criminal behaviour.

How it works, step by step.

British Columbia decision, 2025Non-pecuniary awardSource
Funk v. White, severe brain injury at 18$470,000, the upper limitFunk v. White, 2025 BCSC 2001
Sauve v. McComish, intersection collision$250,000 of a $796,510 awardSauve v. McComish, 2025 BCSC 691
Poonia v. Yazzie, two crashes$220,000 of a $3,227,480 awardPoonia v. Yazzie, 2025 BCSC 1334
Wei v. Ahmad, pedestrian with a shattered kneecap$150,000 of a $505,829.66 awardWei v. Ahmad, 2025 BCSC 623
Suico v. Liu, low speed collision$85,000 of a $119,625 awardSuico v. Liu, 2025 BCSC 114
Wells v. Pound, sexual assaultThe cap does not apply to intentional torts involving criminal behaviourWells v. Pound, 2025 BCSC 1295

A worked example.

★ from a real decision

An award at the limit: Funk v. White (B.C. 2025)

Accident
Struck by a commercial dump truck on a highway in Sparwood, 3 October 2011, age 18
Injury
Severe traumatic brain injury
Claimed in total
Over $19 million
Non-pecuniary damages
$470,000, the inflation adjusted upper limit
Future income loss
$455,000; in trust claim $1,426,250

The defendants argued she remained capable of happiness and should not receive the upper limit. The court disagreed. Future care costs were left to be calculated on the court’s findings.

Funk v. White, 2025 BCSC 2001

Sources.

★ where it applies

On these country pages.

The country pages spell out the local statute, the named authority, and the bands that interact with this term.

★ frequently asked

Common questions.

Quick answers, plain English.

★ editorial note

This entry describes the term as it appears in published authority and practitioner usage. Nothing on this page is legal advice. For your specific case, consult a solicitor or attorney qualified in your jurisdiction. See /methodology for how we derive figures elsewhere on the site, /sources for the standing authority list, and /disclaimer for the scope statement.