What are the non-pecuniary damages awarded in a personal injury case?

Non-pecuniary damages are awarded to compensate a plaintiff for pain, suffering, loss of enjoyment of life, and loss of amenities. The compensation awarded should be fair to all parties, and fairness is measured against awards made in comparable cases. That said, such cases serve only as a rough guide. Each case depends on its own unique facts: Trites v. Penner, 2010 BCSC 882 at paras. 188-189; Dilello v. Montgomery, 2005 BCCA 56 at para. 25.

The oft-cited case of Stapley v. Hejslet, 2006 BCCA 34 at para. 46 sets out a non-exhaustive list of factors to be considered when assessing non-pecuniary damages: • age of the plaintiff; • 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. The defendants’ position