What is the range of general non-pecuniary damages for a plaintiff in a motor vehicle accident?
Alberta, Canada
The following excerpt is from Elgert v. Home Hardware Stores Limited, 2010 ABQB 62 (CanLII):
In McGrath v. Pendergras, (1988) CarswellAlta 114 the established current practice in Alberta is that no instruction should be given to the Jury on the range of general non‑pecuniary damages, unless there is an agreement between counsel.
In Nguyen v. Collette, 2002 CarswellAlta 1154 Rooke, J. (as he then was) found the Saskatchewan approach persuasive and declined to follow the established set out by our Court of Appeal.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In a motor vehicle accident case, in what circumstances will a plaintiff not be liable for failing to warn the driver of the vehicle that there is no evidence that such warnings would have prevented the accident? (Alberta, Canada)
What is the test for damages for wrongful dismissal of a plaintiff in a motor vehicle accident? (Alberta, Canada)
Does the burden of proof against the Registrar of Motor Vehicles apply to motor vehicle accident claims? (Alberta, Canada)
What is the test for a plaintiff to claim damages in a motor vehicle accident? (Alberta, Canada)
What are the arguments raised by the trial judge in a motor vehicle accident case for damages for years lost by a plaintiff who is not injured but injured? (Alberta, Canada)
What is the test for damages for a plaintiff in a motor vehicle accident? (Alberta, Canada)
What is the test for general damages in a motor vehicle accident case? (Alberta, Canada)
In a motor vehicle accident case where the victim is not dead but still exists, is there any case law that supports the presumption that the accident victim’s death is not an accident? (Alberta, Canada)
What is the legal test for general damages in a motor vehicle accident? (Alberta, Canada)
Does a plaintiff have to be considered a "part" of the motor vehicle by opening the door of the vehicle to open the passenger? (Alberta, Canada)
