What factors must a court consider in determining non-pecuniary damages in a motor vehicle accident?
British Columbia, Canada
The following excerpt is from Parhar v. Dawe, 2014 BCSC 580 (CanLII):
The principle factors a court must take into account in determining non-pecuniary damages were set out in Stapley v. Hejslet, 2006 BCCA 34 at para. 46. Those factors include the age of the plaintiff, the nature of the injury, the severity and duration of the pain, disability, emotional suffering, loss or impairment of life, the impairment of family, marital and social relationships, the impairment of physical and mental abilities, loss of lifestyle, and the plaintiff’s stoicism.
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