What is the test for non-pecuniary damages in a personal injury action?

An award for non-pecuniary loss is intended to compensate a plaintiff for her pain and suffering and for her loss of enjoyment of life. The factors to be taken into account in making such an award include the plaintiff’s age; the nature of the injury; the severity and duration of pain; disability; emotional suffering; impairment of life; impairment of family, marital and social relationships; impairment of physical and mental abilities; loss of lifestyle; and the plaintiff’s stoicism (a factor that should not, generally speaking, penalize the plaintiff): Stapley v. Hejslet, 2006 BCCA 34 (leave to appeal ref’d: [2006] S.C.C.A. No. 100) at paras. 45-46. An award of non-pecuniary damages must be fair and reasonable to both parties.