What is the test for calculating a loss of pecuniary value in a personal injury assessment?
British Columbia, Canada
The following excerpt is from Delfs v Stricker, 2022 BCSC 373 (CanLII):
The assessment requires the court to estimate a pecuniary loss by weighing possibilities and probabilities of hypothetical events. The use of economic and statistical evidence can be a helpful tool in determining what is fair and reasonable in the circumstances but this does not turn the assessment into a calculation: Grewal at para. 49; Dunbar v. Mendez, 2016 BCCA 211 at para. 21.
Ultimately, the overall fairness and reasonableness of the award must be considered in light of all the evidence: Rosvold v. Dunlop, 2001 BCCA 1.
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