Non-pecuniary damages are awarded to compensate the plaintiff for pain, suffering, loss of enjoyment of life and loss of amenities. A list of factors has been provided in many cases: Stapley v. Hejslet, 2006 BCCA 34, at para. 46. The factors include: • the plaintiff’s age; • the nature of the injury; the severity and duration of the pain; • the level of disability; • emotional suffering; • loss of lifestyle or impairment of life. The compensation should be fair to all parties. Fairness is measured against all awards made in comparable cases which provide general guidance. Each case must be decided on its own facts.
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