In a motor vehicle accident case, is a plaintiff entitled to an assessment that is not punitive or punitive and is not based on sentimentality?
British Columbia, Canada
The following excerpt is from Roberts v Morgan, 2019 BCSC 2313 (CanLII):
In Keizer v. Hanna, 1978 CanLII 28 (SCC), [1978] 2 S.C.R. 342 [Keizer] at page 352, Justice Dickson, as he then was, stated that the award in a fatal accident claim should provide "a monthly sum at least equal to that which might reasonably have been expected during the continued life of the deceased." As observed in Keizer at page 352, an assessment must be neither punitive nor influenced by sentimentality; it is largely an exercise of business judgment.
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