The purpose of an award of non-pecuniary damages is to ameliorate the condition of the victim considering his or her particular situation. The gravity of the injury is not determinative. An appreciation of the individual’s loss is the key, and the award will vary in each case to meet the specific circumstances of the individual case: Stapley v. Hejslet, 2006 BCCA 34, 263 D.L.R. (4th) 19 at para. 45. As set out in Stapley at para. 46, common factors include the age of the plaintiff, the nature of the injury, severity and duration of pain, disability, emotional suffering, and loss or impairment of life. Additional factors may be impairment of family, marital and social relationships, impairment of physical and mental abilities, loss of lifestyle, and the plaintiff’s stoicism, in the sense that stoicism should not penalize the plaintiff.
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