What is the quantum of damages awarded in a motor vehicle accident case?
British Columbia, Canada
The following excerpt is from Aselstyne v Stobbart, 2021 BCSC 26 (CanLII):
Non-pecuniary damages are awarded to compensate a plaintiff for the pain, suffering, loss of enjoyment of life and loss of amenities experienced as a result of the defendants’ negligence to the date of trial and into the future. The compensation awarded should be reasonable and fair to all parties, as those concepts are measured against the adverse impact of the particular injuries suffered by the particular plaintiff: Hunt v. Ugre, 2012 BCSC 1704 at para. 176.
Fairness is measured against awards made in comparable cases, but I am mindful that each case depends on its own unique facts. Although often helpful, such cases only serve as a rough guide: Trites v. Penner, 2010 BCSC 882 at paras. 188-189. The process is one of assessment rather than mathematical precision: Drodge v. Kozak, 2011 BCSC 1316.
The Court of Appeal outlined the non-exhaustive list of factors to be considered when assessing non-pecuniary damages in Stapley v. Hejslet, 2006 BCCA 34 at para. 46:
"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.
