What is the test for damages in a motor vehicle accident case?
British Columbia, Canada
The following excerpt is from Wallman v. John Doe, 2014 BCSC 79 (CanLII):
The plaintiff is entitled to an award of damages that will put him, so far it is possible for money to do so, in the same position he would have been in had the Accident not occurred: Blackwater v. Plint, 2005 SCC 58 at para 74, Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458 at para. 32..
The considerations to be taken into account by a court in assessing non-pecuniary damages were set out in Stapley v. Hejslet, 2006 BCCA 34 at para. 46:
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