What factors will be used to determine the quantum of damages awarded to a plaintiff in her motor vehicle accident case?
British Columbia, Canada
The following excerpt is from Toevs v Williams, 2019 BCSC 2030 (CanLII):
There is no doubt as to the pain and discomfort the plaintiff has suffered as a result of the accident and that some degree of pain and discomfort will continue indefinitely. The factors emphasized by Madam Justice Kirkpatrick in Stapley v. Hejslet, 2006 BCCA 34, have been referred to and followed by judges of this court on many occasions and are most instructive in assessing non-pecuniary damages. At paras. 45 and 46, Kirkpatrick J.A. stated:
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