How We Calculate

How We Find Matching Case Law and Calculate Pain and Suffering Amounts

Bryan Saunders
Director of Growth, Marketing, & UI/UX

We get a lot of questions about how our software works, and, put simply; our patented algorithm finds matching case law by looking for similar clusters of injuries with similar severity. That is to say, we attempt to find the case law that is most similar to your case.

Therefore, the more details you can add about your injury, the more accurate our case matching will be.  

This makes our algorithm superior to other case law look-up tools that simply try to match keywords, and—typically—return a ton of irrelevant results.

All of our case data is pulled from our database of court case metadata. The referenced cases from Canada are publicly viewable on the Canadian Legal Information Institute (CanLII) and can be accessed through their publicly available website here.


Assumption We Make

  • The general damage awards in the referenced cases are wholly about pain and suffering / loss of quality of life.  
  • Other non-pecuniary general damage awards are separated out into distinct categories and are not considered as injury awards.  
  • Injury award amounts are directly related to the severity of the overall impact on quality of life.
  • The valuation of a cluster of injuries is at least equal to the highest minimum valuation assigned to any specific cases matching any of the clustered injuries queried.  

Adjustments We Make to Calculate Pain and Suffering Amounts

After finding the matching case law most relevant to your case, we also make these legislation specific adjustments:


General Damages Maximum

In 1978, the Supreme Court of Canada set a cap of $100,000 for General Damages in the case Andrews v. Grand & Toy Alberta Ltd. This cap does not apply to cases not directly caused by a bodily injury (such as PTSD caused by slander).

As of Dec 2022, the cap is $428,727 when adjusted for inflation.


Jurisdictional Deductible

As of 2022, the deductible for Provinces that have one is:

  • Ontario: $44,367.24 for awards under $147,889.59
  • Newfoundland and Labrador: $5,000

Minor Injury Caps

As of January 1, 2023, the minor injury caps for Provinces that specify one are:

  • Alberta: $5,817
  • New Brunswick: $9,182.57
  • Nova Scotia: $10,000
  • Prince Edward Island: $9,094

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