What is the quantum of damages awarded in a medical malpractice case where a plaintiff was unable to work at gainful employment for the rest of his working life because of the interference with his enjoyment of life?
British Columbia, Canada
The following excerpt is from Boyd v. Harris, 2004 BCCA 146 (CanLII):
The jury was entitled to conclude that the respondent’s inability to work at gainful employment for the rest of his working life was a profound interference with his enjoyment of life and to award damages commensurately. This conclusion is consistent with the direction of Dickson J. in Andrews v. Grand & Toy Alberta Ltd., supra, that variations from a conventional award should primarily reflect a solatium for what the individual has lost in the way of amenities and enjoyment of life.
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