Date: Fri, 28 May 2004 17:14:59 -0400

From: Deslauriers Patrice

Subject: Question

Bonjour chers collègues,

I have a question on Torts.

Quebec Civil Law has problems dealing with the assessment of pecuniary damages when the victim, despite her injuries, is able to continue working at the same salary she had prior to the accident. (We have also problems with non-pecuniary damages but this is another question).

Some judges will allow a lump sum based on the medical incapacity. For example, 1% = $7000 10% = $70000.

This rule has been criticized but it remains very popular amongst lawyers and judges. My question is the following: how does Canadian common law address this problem?

Thank you for your assistance.

Patrice Deslauriers
Professeur titulaire
Université de Montréal
Faculté de droit
3101 Chemin de la Tour
Montréal,Qc
H3C 3J7

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