What is the proper approach to assessing non-pecuniary damages in a motor vehicle accident?
British Columbia, Canada
The following excerpt is from Brundige v Bolton, 2018 BCSC 1843 (CanLII):
The proper approach to assessing non-pecuniary damages is not controversial. The award is made to ameliorate the condition of the plaintiff. It must be based on her particular situation and that requires the court to assess and appreciate the nature of her loss. The award must be fair and reasonable to both parties. The factors to consider are set out in Stapley v. Hejslet, 2006 BCCA 34 at para. 46, and have been expanded upon in subsequent decisions.
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