What is the test for awarding non-pecuniary damages in a case where a plaintiff has been found guilty of gross negligence?
British Columbia, Canada
The following excerpt is from Lewis v Gibson, 2018 BCSC 1713 (CanLII):
In Stapley v. Hejslet, 2006 BCCA 34, leave to appeal ref'd [2006] SCCA No. 100, Madam Justice Kirkpatrick outlined the factors to be considered in awarding non-pecuniary damages:
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