What is the test for non-pecuniary damages in a motor vehicle accident case?

British Columbia, Canada


The following excerpt is from Sharma v Bhullar, 2020 BCSC 379 (CanLII):

The overarching purpose of awarding damages is to put the plaintiff back to the position she would have been in had the Accidents not occurred, and not a better position: Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458 (S.C.C), at paras. 32–35. Non-pecuniary Damages

The assessment of non-pecuniary damages takes into account the well-established factors from Stapley v. Hejslet, 2006 BCCA 34 at para. 46. An award under this head is intended to compensate the plaintiff for pain, suffering, loss of enjoyment of life, and loss of amenities. Factors commonly taken into account include the age of the plaintiff, nature of the injury, severity and duration of pain, extent of any disability, extent of emotional suffering and impairments to the plaintiff’s life, including impairments to family, marital, and social relationships, physical and mental abilities, and loss of lifestyle.

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