What are the non-pecuniary damages awarded in a motor vehicle accident?

Non-pecuniary damages are awarded to compensate the plaintiff for pain, suffering, loss of enjoyment of life, and loss of amenities: Trites v. Penner, 2010 BCSC 882 at para. 188. They do not compensate a plaintiff for losses that have a monetary value. Non-pecuniary damages do not focus on the injury alone but include a number of factors. As set out in Stapley v. Hejslet, 2006 BCCA 34 at para. 46, leave to appeal ref’d [2006] S.C.C.A. No. 100, the factors that influence an award of non-pecuniary damages include: a) age of the plaintiff; b) nature of the injury; c) severity and duration of pain; d) disability; e) emotional suffering; f) loss or impairment of life; g) impairment of family, marital, and social relationships; h) impairment of physical and mental abilities; i) loss of lifestyle; and j) the plaintiff's stoicism (as a factor that should not penalize the plaintiff).

Since the “primary function of the law of damages is compensation, it is reasonable that awards for non-pecuniary loss, which do not fulfill this function,” are moderate: Lindal v. Lindal, 1981 CanLII 35 (SCC), [1981] 2 S.C.R. 629 at 639–640, 129 D.L.R. (3d) 263. The compensation awarded should be fair to all parties, and fairness is measured against awards made in comparable cases. Such cases, though helpful, serve only as a rough guide: Trites at para. 189.