In Brimacomb v. Mathews (1999), B.C.J. No. 190, Mr. Justice Hutchison awarded the maximum non-pecuniary damages for an infant plaintiff who was catastrophically injured at birth. Mr. Justice Hutchison found that that plaintiff would be able to derive solace from the provision of the non-pecuniary award. He found that that the plaintiff was not in the same category as the plaintiff in Wipfli v Britten (supra).
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