What is the test for determining whether the award of non-pecuniary damages is inordinately high or disproportionate?
British Columbia, Canada
The following excerpt is from Cody v. Leonard, 1995 CanLII 946 (BC CA):
26 I see no inconsistency, however, between adopting the approach stated in Scott v. Musial and adopting the test described in Cory v. Marsh by considering whether the award of non-pecuniary damages in the case before us was inordinately high or disproportionate by examining whether the award fell substantially beyond the upper range for damage awards in the same class of case.
27 The injuries of the plaintiff were undoubtedly serious and painful and interfered with her enjoyment of life from the date of the accident to the date of the trial and into the future. She suffered a functional loss which required that the jury assess compensation to provide her with reasonable solace for her injuries (Lindal v. Lindal, 1981 CanLII 35 (SCC), [1981] 2 S.C.R. 629).
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