What factors will be considered by the Court in determining non-pecuniary damages?
British Columbia, Canada
The following excerpt is from Primeau v Dhaliwal, 2022 BCSC 19 (CanLII):
Factors to consider when assessing a non-pecuniary damages award, include: the plaintiff’s age; nature of the injury; severity and duration of pain; disability; emotional suffering; loss or impairment of life; impairment of family, marital and social relationships; impairment of physical and mental abilities; loss of lifestyle; and the plaintiff’s stoicism. See Stapley v. Hejslet, 2006 BCCA 34 at para. 46, leave to appeal ref’d [2006] S.C.C.A. No. 100.
The award is to be fair to both parties and fairness is measured against awards in comparable cases: Olson v. Farran, 2016 BCSC 1255 at para. 156.
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