What are the principles of the law around non-pecuniary awards in personal injury cases?
British Columbia, Canada
The following excerpt is from Penso v. Solowan, 1982 CanLII 436 (BC CA):
In Andrews v. Grand & Toy Alta. Ltd., supra, the following points were stressed by Dickson J. as follows: (1) Non-pecuniary awards should be fair and reasonable, "fairness being gauged by earlier decisions" (p. 475). (2) There was a great need for "assessibility, uniformity and predictability" (p. 477). (3) Awards should be "largely arbitrary and conventional" (p. 477). (4) The courts must "have regard to the individual situation of the victim" (p. 477).
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