What is the test for non-pecuniary loss compensation?

British Columbia, Canada


The following excerpt is from Fatin v Watson, 2020 BCSC 1880 (CanLII):

... The compensation awarded [for non-pecuniary loss] should be fair and reasonable to both parties: Trites v. Penner, 2010 BCSC 882 at para. 188. Fairness is measured in part against awards made in comparable cases: Beaton v. Perkes, 2016 BCSC 2276 at para. 51. Other cases are helpful but serve only as a rough guide. Each case still depends on its own facts: Trites at para. 189.

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