Call Us At 519.672.5666
Insights & Articles
Valuing the Golden Years: Personal Injury Damages for Senior Plaintiffs in Ontario
In personal injury litigation, the assessment of damages is a complex exercise, particularly when the plaintiff is a senior. Ontario courts have long grappled with how to best compensate elderly individuals whose injuries disrupt not just their physical health, but their ability to enjoy the retirement years they’ve worked so hard to reach. One doctrine that has emerged to address this issue is the Golden Years Doctrine, which is a principle that recognizes the profound impact injuries have on older plaintiffs.
What is the Golden Years Doctrine?
The Golden Years Doctrine acknowledges that injuries sustained later in life often carry a disproportionate burden. Unlike younger individuals who may have time and resilience to adapt, seniors may lose the few remaining activities that bring them joy including gardening, socializing, travel or simply living independently. These losses can deeply affect their quality of life and emotional well-being.
Ontario courts have begun to recognize this doctrine. In Solanki v Reilly, a 62-year-old plaintiff was awarded $85,000 in non-pecuniary damages after suffering chronic pain and functional limitations from a motor vehicle accident. Justice Tranquilli applied the Golden Years Doctrine, noting that the injuries robbed the plaintiff of emotionally rewarding tasks and her dignity forcing her to rely on others for care.
Why Age Should Not Discount Damages
Defendants often argue that damages should be reduced for senior plaintiffs due to their shorter life expectancy. However, in Wilson Estate v Byrne, Ontario courts have emphasized that the loss of function may be more significant for older individuals, precisely because their remaining years are fewer and more precious.
The Golden Years Doctrine challenges the notion that age should diminish compensation. Instead, it asserts that retirement is a uniquely valuable stage of life, and injuries during this time can be especially devastating. The doctrine promotes fair and compassionate treatment of senior plaintiffs by recognizing the full extent of their losses.
A Step Toward Equitable Justice
Ontario’s growing recognition of the Golden Years Doctrine is a step toward equitable treatment of senior plaintiff’s in personal injury litigation. It’s growing presence in case law offers hope that courts will continue to value the dignity and enjoyment of life in one’s later years.
As our population ages, it is imperative that our legal system evolves to reflect the realities of aging. Justice should never be diminished by the passage of time.
If you or a loved one has been injured, McKenzie Lake is here to help. Regardless of age, we can guide you through the personal injury claims process with compassion and expertise.
This article was written by Personal Injury Lawyer Maddison Watson. For additional information, please do not hesitate to contact her at maddison.watson@mckenzielake.com or 226-971-0019.
