What is the proper approach to assessing non-pecuniary damages?
British Columbia, Canada
The following excerpt is from Gregg v Ralen, 2018 BCSC 171 (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 an appreciation and assessment of the nature of his 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 those have been expanded upon in subsequent decisions.
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