What is the test for determining whether a plaintiff is entitled to a segregated pecuniary head of damage?
British Columbia, Canada
The following excerpt is from Forghani-Esfahani v Lester, 2019 BCSC 332 (CanLII):
I adopt what I said in Firman v. Asadi, 2019 BCSC 270 at paras. 235 – 237. In short, I have discretion to award damages under this head as part of the non-pecuniary loss or as a segregated pecuniary head of damage, depending on the circumstances.
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