The purpose of non-pecuniary damages is to compensate a plaintiff for pain, suffering, loss of enjoyment of life, and loss of amenities. The amount does not depend solely upon the seriousness of the injury, but upon the court’s assessment of loss and its ability to provide solace and ameliorate the condition of the plaintiff in his or her particular circumstances. While awards in other cases provide guidance, each case must be determined on its own facts. A list of factors to consider in determining awards is set out in Stapley v. Hejslet, 2006 BCCA 34 at para. 46. Those include the: age of the plaintiff; nature of the injury; severity and duration of pain; disability; emotional suffering; loss of impairment of life; impairment of family, marital and social relationships; impairment of physical and mental abilities; and loss of lifestyle.
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