How have courts in Canada treated non-pecuniary damages in the context of medical malpractice cases?
British Columbia, Canada
The following excerpt is from Woo v Crème De La Crumb Bakeshop & Catering Ltd., 2019 BCSC 1752 (CanLII):
Similarly, in Dudas v. Munro, [1997] B.C.J. No. 774 (S.C.), Mr. Justice Macdonald described an award of non-pecuniary damages in these terms, at para. 56: … It can make life more endurable and enjoyable by providing devices and activities not directly related to the injuries. It can “fill the gap” where some item does not fall within future care expenses and is disallowed.
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