What is the range of non-pecuniary damages for a plaintiff who was injured in a motor vehicle accident?

Non-pecuniary damages are awarded to compensate the plaintiff for pain, suffering, loss of enjoyment of life and loss of amenities. Compensation should be fair to all parties which is measured against awards made in comparable cases. Such cases, though helpful, serve only as a rough guide. Each case depends on its own unique facts: Trites v. Penner, 2010 BCSC 882; Benavides v. Doe, 2015 BCSC 1831 at para. 94, aff’d 2017 BCCA 15.

The appropriate amount of compensation is not merely a function of the seriousness of the plaintiff’s injuries viewed in isolation. As outlined by Kirkpatrick J.A. in Stapley v. Hejslet, 2006 BCCA 34 at paras. 45, 46, leave to appeal ref’d [2006] S.C.C.A. No. 100, courts must consider the effect of the injuries on the plaintiff’s particular circumstances, taking into account factors such as the plaintiff’s age, the nature of the injury, the severity and duration of the plaintiff’s pain, the extent of any disability, the effect on family and social relationships, impairment of the plaintiff’s mental and physical abilities, and the impact on the plaintiff’s lifestyle. It is therefore necessary for the court to have an “appreciation of the individual’s loss”: at para. 45.