What is the range of damages for failure to attend psychological treatment for chronic pain type syndrome?

British Columbia, Canada


The following excerpt is from Lewis v Gibson, 2018 BCSC 1713 (CanLII):

In Baker v. Baker, [1997] B.C.J. No. 827 (S.C.), the court reduced the plaintiff's non-pecuniary award and her damages for loss of future earning capacity by 20% for her unreasonable failure to attend psychological treatment for the significant emotional component of her chronic pain type syndrome.

As stated in Fabretti v. Gill, 2014 BCSC 899 at para. 76: … It is axiomatic that chronic pain, efforts at self-medication for reasons such as physical pain or emotional stress and drug addiction are likely to either cause or exacerbate problems in psychological adjustment and learning, and thereby alter an individual's life trajectory.

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