What are the general principles of recovery in a personal injury action?
British Columbia, Canada
The following excerpt is from Smith v Vance, 2022 BCSC 12 (CanLII):
A useful overview of the relevant general principles is contained in Ruiz v. Bouzaia, 2001 BCCA 207. There the court reviewed several earlier authorities which make it clear that recovery is limited to actual or expected loss of pecuniary benefits and that the appropriate award is to be “neither punitive nor influenced by sentimentality”. The task was described as “largely an exercise of business judgment”. Specifically, at para. 76, the court stated the following:
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