A February 16 Business Insurance survey of liability controversies in other countries ("Tort reform efforts not confined to United States") reports that in Canada "pain-and-suffering awards are capped at about $280,000 Canadian ($210,000)". Assuming this information is accurate, this is the first time I can recall reading about it in the U.S. press. Even the most obvious difference between Canadian and American litigation procedure -- the operation of a loser-pays rule there but not here -- is little explored in our press. Wouldn't it be helpful if American publications occasionally assigned a reporter to visit Toronto, Calgary or Vancouver and perhaps determine whether ordinary persons caught up in legal disputes in those cities are terrified by what American lawyers might believe to be the harshness of these rules, what the effects may be on dispute resolution and on liability insurance rates, and so on?
Liability in Canada: so near and yet so far
Related Entries:
- Spirited med-mal debate complete!
- New Featured Discussion: MI and Cato scholars debate med-mal
- Tennessee Legislature sends tort reform package to governor
- Trial lawyer transportation lobbying: It's a pretty big deal
- What interests the Canadians at the trial lawyers convention
- AJP's liability-reform "heroes and villains"
- Quoted in Investors Business Daily
- Legislatures cap damages: Minorities, union workers hardest hit
- Oklahoma enacts liability reform
- Klick and Sharkey, "What Drives the Passage of Damage Caps?"
- Grace & Leverty on tort reform and insurance rates, cont'd
- "Putting a stop to tort windfalls"
- New Hyman/Black/Silver/Sage paper on med mal caps
- Oregon high court strikes down public damages cap
- Age rating in auto insurance
![]() |
| Isaac Gorodetski Project Manager, Center for Legal Policy at the Manhattan Institute igorodetski@manhattan-institute.org |
![]() |
| Laura Eyi Press Officer, Manhattan Institute leyi@manhattan-institute.org |



