What is the test for assessing damages in a personal injury action?
British Columbia, Canada
The following excerpt is from Hardychuk v. Johnstone, 2012 BCSC 1359 (CanLII):
The assessment of non-pecuniary damages is influenced by the plaintiff’s personal experiences in dealing with his or her injuries and their consequences, as well as the plaintiff’s ability to articulate that experience. A functional approach should be employed by the court. In so doing, a clear appreciation of the individual plaintiff’s loss and need for reasonable solace is the key: Dilello v. Montgomery, 2005 BCCA 56; Dikey v. Samieian, 2008 BCSC 604. Position of the Parties
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