In 1978, in a case known as Teno v. Arnold, the Supreme Court of Canada created a barrier to recovery for innocent victims who have been injured as a result of someone else's negligence. In that case, the court ruled that no matter how seriously injured you are, the maximum recovery you can obtain for what is commonly referred to as "pain and suffering" is one hundred thousand dollars ($100,000.00).

Accounting for inflation the limit on pain and suffering awards is currently considered to be slightly more than three hundred thousand dollars ($300,000.00). However, that amount is only paid to the most catastrophically injured (quadriplegia, paraplegia, severe brain damage and similar injuries).