What are non-pecuniary damages for pain, suffering and loss of enjoyment of life?

Non-pecuniary damages are awarded to compensate an injured plaintiff for pain, suffering, and loss of enjoyment of life arising from the defendant’s tortious conduct. The reality is that “money cannot provide true restitution”, since “what has lost is irreplaceable” and there is no way to place a market value on pain, suffering, and loss of enjoyment of life. In this regard, a damages award is intended to provide “solace”, in the sense that “money can be used to make the injured person’s life more endurable”: Gilliam v. Wiebe, 2013 BCSC 565 at para. 68.

The appropriate amount of compensation is not merely a function of the seriousness of the plaintiff’s injuries viewed in isolation. Rather, the court must consider the effect of the injuries on the plaintiff’s particular circumstances, taking into account factors such as the plaintiff’s age, the nature of the injury, the severity and duration of the plaintiff’s pain, the extent of any disability, the effect on family and social relationships, impairment of the plaintiff’s mental and physical abilities, and the impact on the plaintiff’s lifestyle: Stapley v. Hejslet, 2006 BCCA 34 at para. 45-46. It is therefore necessary for the court to have an “appreciation of the individual’s loss”.