What is the test for calculating damages in a personal injury action?
Saskatchewan, Canada
The following excerpt is from S. v. S., 1931 CanLII 262 (SK CA):
It Was argued that the damages awarded are excessive. The principles upon which damages are assessed in an action of this kind are referred to in Butterworth v. Butterworth [1920] P. 126, 89 L.J.P. 151. The elements for consideration are: (1) The actual value of the wife lost; (2) Compensation to the husband for the injury to his feelings, the blow to his honour, and the hurt to his family life. The plaintiff should be compensated for the loss he has sustained and the co-respondent is not to be punished for the wrong he has done. The damages are compensatory and not punitive.
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