What percentage reduction is appropriate for non-pecuniary and pecuniary damages in a medical malpractice action?

British Columbia, Canada


The following excerpt is from Barnes v. Richardson et al., 2008 BCSC 1349 (CanLII):

A percentage reduction is therefore appropriate for both non-pecuniary damages and pecuniary damages. In Corrado v. Mah, 2006 BCSC 1191, Mr. Justice Slade found that the pre-existing condition of the plaintiff was inherent in his original position and must be considered in the assessment of damages. At para. 56 he notes that this applies equally to non-pecuniary damages and damages for loss of earning capacity. Non-pecuniary damages were reduced by 25% due to the risk of progression of a pre-existing condition. The award for future income loss was reduced by 50% to reflect a number of contingencies.

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