What is the current state of the law on damages for non-pecuniary loss?
British Columbia, Canada
The following excerpt is from Carreon-Rivera v. Zhang, 2014 BCSC 709 (CanLII):
The approach to be taken by the court in the assessment of damages for non-pecuniary loss was summarized by Madam Justice Wedge as follows in O’Rourke v. Kenworthy, 2009 BCSC 1277 at paras. 84 and 85:
An award of damages for non-pecuniary loss must address the specific circumstances of the individual case. It is not possible to develop or point to a tariff to set the award: Stapley v. Hejslet, 2006 BCCA 34 at para. 45, 263 D.L.R. (4th) 19.
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