What factors will be considered in determining a fit and just award in a motor vehicle accident?
British Columbia, Canada
The following excerpt is from Van Hartevelt v. Grewal, 2012 BCSC 658 (CanLII):
The factors to be considered in arriving at a fit and just award are set out in Stapley v. Hejslet, 2006 BCCA 34 at para. 46: (a) age of the plaintiff; (b) nature of the injury; (c) severity and duration of pain; (d) disability; (e) emotional suffering; and (f) loss or impairment of life; (g) impairment of family, marital and social relationships; (h) impairment of physical and mental abilities; (i) loss of lifestyle; and (j) the plaintiff's stoicism (as a factor that should not, generally speaking, penalize the plaintiff…).
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