"Damages" refers to the harm suffered by a person as a result of someone else’s fault. Damages are one of three things a person must prove when suing someone, along with fault and a connection between the fault and the damage.

There are two categories of damages: monetary and personal. A single fault can lead to both kinds of damages.

Monetary Damages

This category of damages relates to a person’s property and income. They are also called “material damages”. Here are some examples:

• a broken piece of furniture
  
• dents in a car
  
• the death of a pet (from a legal point of view, an animal is property)
  
• the loss of money, such as the loss of salary or profits of a business
  
• medical expenses

Personal Damages

This category of damages relates to the person himself. It is divided into two sub-categories:

• bodily injury (damage to a person’s body)
  
• “moral damages” (mental and emotional suffering)

Here are some examples:

• injuries
  
• illness
  
• mutilation
  
• stress
  
• pain
  
• psychological side effects
  
• scars
  
• inconvenience

Violating someone’s rights sometimes falls into the category of personal damages. Here are some examples:

• violation of a person’s honour
  
• violation of dignity
  
• damage to reputation

Only damages that are the direct result of someone else’s fault can be compensated for or repaired. There is therefore no right to compensation for damages that are the indirect result of someone else’s fault, or that result from your own fault.

For example, let’s say that Vivian is riding her bike down an alley a little too quickly and accidentally runs over the paw of Pistachio, a sleeping cat.

Pistachio’s owner, Brian, can demand that Vivian compensate him for the veterinary bills for the cat’s injuries. But if Pistachio is attacked by another cat that same night, and because of the cast on his paw, Pistachio is less able to defend himself and is bitten on the ear, Vivian is not responsible for these indirect damages.

Similarly, if Brian does not get his cat treated for his injuries and the injury to the paw becomes seriously infected, Vivian will not be responsible for this damage since it is a result of Brian’s fault and not her own.

Damages Suffered in the Context of a Contract

If the damages result from contractual fault (that is, a person did not respect commitments made in a contract), compensation is only available for damages that could have been anticipated when the contract was made: loss of profits, lost time, money spent to deal with the situation, etc.

For example, let’s say that Louise hires Christian to install a new computer system for her business. Christian does not show up on the scheduled date. Louise can ask for money to compensate for the profits her business lost as a result of not having a computer system.

However, Louise cannot be compensated for losing a client who was already looking for another supplier. Why? Because at the time the contract was signed, losing this client because of Christian’s failure to respect the contract was not damage that could have been anticipated.

There is one exception to this rule: when the fault is intentional and especially serious, a person can be held responsible for all the damages suffered, and not just for the damages that could have been anticipated. See the question “If the fault is especially serious, does the compensation change?”

Compensation often takes the form of an amount of money equal to the damage suffered. The goal is to put the person who suffered damages back in the position he would have been in had the fault not occurred. The compensation therefore can’t be a way for the victim to become richer.

For example, in the case of Brian’s cat, which was injured by Vivian, Brian has to take a half-day off work (he will lose $150 in salary) and pay $500 in veterinary bills. He also has to put up with the inconvenience and stress of dealing with the situation. It’s difficult to put a figure on this, but Brian thinks $250 is a reasonable amount.

To put Brian back in the position he would have been in before his cat was injured, Vivian therefore has to pay $900. This means that Brian can’t ask for $5,000, because the $4,100 extra would only serve to make him richer, not compensate for the damages he suffered.

It is also possible to ask for compensation “in kind”. This means the person who committed the fault must do something to repair the damage instead of just paying money. However, this kind of compensation is not available in Small Claims Court.

Compensation in kind can be combined with monetary compensation. For example, if the roots of a tree cause $1,000 in damage to a neighbour’s property, a judge can order the owner of the tree to cut it down and pay $1,000 to repair the property.

The person who did not respect the contract must provide compensation for the damages that could have been anticipated at the time the contract was made: loss of profits, lost time, money spent to deal with the situation, etc.

When the amount of money at stake is more than $7,000, it is also possible to ask the judge to order that any commitments made in the contract be respected, if this is still possible. These commitments can be carried out either by the person who did not respect them or by someone else, but at the expense of the person who did not respect the contract. It is also possible to simply cancel the contract.

For example, Louise did not have a computer system for her business for 3 days because Christian did not show up on the date mentioned in their contract.

In addition to monetary compensation (lost profits, etc.), Louise can ask that:

• Christian install the system at another date
  
• another person install the system at Christian’s expense
  
• the contract be cancelled

Monetary Damages

• Repairs

If the item has been repaired or can still be repaired, bills for the repairs or an estimate of the cost of repairs can be presented to the judge.

If the item is no longer useable, it is possible to ask for reimbursement of its value. The judge will take into account the condition of the item before it was damaged: a 5-year-old used car is not worth as much as a brand new car.

• Expenses

It is also possible to get compensation for money spent to fix the situation (for example, the cost of bus tickets to go to the veterinary, renting a computer, cleaning a carpet, etc.) by presenting the bills to the judge.

• Absence from Work – Loss of Salary

A person who misses work because of someone else’s fault can ask for reimbursement of lost salary. To prove the amount to be reimbursed, the person can present a statement to the judge showing the lost salary and benefits.

Anyone who misses work for a long period (3 months due to being hospitalized, for example) can present reports from doctors and actuaries showing the amount of future income that will be lost. All expenses relating to the damages (care, medication, services) can be reimbursed. Bills can be used to prove the amount of these expenses.

For more information on monetary damages, read the question “What are damages?”.

Personal Damages

Monetary compensation is also available for personal damages, even if it is difficult to evaluate them in terms of money.

Usually the judge decides on the amount of compensation for personal damages by looking at how severe they are. The level of severity is established by looking at similar cases, statements of witnesses and reports of medical and psychological experts.

It depends on the type of damages.

• Monetary Damages

In a contract, a person can state that he will not be responsible for monetary damages. The other person involved in the contract must be aware of this statement at the time the contract is made.

However, this kind of statement in a contract cannot be used to avoid responsibility for damages caused by intentional fault or extreme carelessness and negligence, also called “gross negligence”.

For example, let’s say that Melodie takes legal proceedings against Justin Delivery Inc. because her new set of dishes arrived in a million pieces. The contract states that the delivery company is not responsible for damages to goods while they are being transported. This statement is in theory valid since the broken dishes fall under the category of monetary damages.

But Melodie could get compensation anyways if she can prove that the delivery company intentionally broke the dishes or loaded the truck by throwing the boxes to the back despite that they were marked “fragile”.

• Personal Damages

No one can avoid responsibility for personal damages.

Take the example of Carl, who goes to see a baseball game. On the back of his ticket, it says that the league is not responsible for injuries caused by balls hit into the stands. Carl is injured when a ball hits him in the head. If Carl can prove the league was at fault (it did not take any safety precautions, for example), the league will have to compensate Carl for his personal damages (pain, stress, etc.) despite what is printed on the back of the ticket.

For more information on this, consult our infosheet
Clauses Limiting Responsibility.

Yes. Intentional fault or gross negligence (extreme carelessness) can affect compensation. Here are some examples of what happens when there is intentional fault or gross negligence:

In the Context of a Contract

• A statement in a contract saying a person is not responsible for monetary damages will be cancelled. (To learn more, read the question “Can a person avoid responsibility if he puts a statement in a contract about this?”.)
  
• A person who is the victim of gross negligence can get compensation for all the damages suffered, whether or not they could have been anticipated when the contract was entered into. (To learn more, see the question “When there is a contract and someone suffers damages, how does compensation work?”.)

When the Person at Fault Would Not Normally Be Held Responsible

• Under the law, some people are not responsible for damage they cause. For example, a person who comes to the rescue of someone who is in danger is not responsible for any injury caused to the person being rescued. But a rescuer who causes injury intentionally or is grossly negligent can be held responsible.

Insurance

• If a person making a claim under an insurance policy caused the damage for which he is requesting compensation, the claim can be denied. To learn more, consult our Infosheet Insurance.

Fundamental Rights

• When someone violates the fundamental rights of another person, such as the right to freedom, security or privacy, this is a fault and the person committing the fault must compensate the victim. If the fault is serious and intentional, the judge can punish the person by ordering him to pay an extra amount (called “exemplary” or “punitive” damages).