What are the factors used by a court in awarding non-pecuniary damages in a motor vehicle accident case?

British Columbia, Canada


The following excerpt is from Jawanda v. Samra, 2013 BCSC 138 (CanLII):

In Stapley v. Hejslet, 2006 BCCA 34, the court outlined factors that should guide a court in awarding non-pecuniary damages. These include the following: (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; I would add the following factors, although they may arguably be subsumed in the above list: (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 (a factor that should not, generally speaking, penalize the plaintiff). The Defendants’ Position

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