What factors will the court consider in awarding non-pecuniary damages to a plaintiff?

British Columbia, Canada


The following excerpt is from Mossop v Hogg, 2019 BCSC 1552 (CanLII):

The factors for the court to consider in awarding non-pecuniary damages are well known and were summarized in Stapley v. Hejslet, 2006 BCCA 34. Here, the plaintiff is a relatively young man, 35 years old at the time of the accident and 40 now. He has significant pain in his shoulder which has been increasing in frequency, intensity, and duration since the accident. He now has moderate pain in his wrists with particular activities worsening the pain, but the wrist pain was initially severe. His other injuries have resolved as has the mild issue he had with anxiety following the accident. He has been able to continue to work full-time since approximately seven weeks after the accident, albeit with modification to his duties. His previous recreational activities including with his children have been significantly curtailed or completely eliminated. His sleep is disturbed. He has been able to form a common law relationship and there is no evidence that any of his other familial or social relationships have been impaired.

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