What are the principles governing an award of non-pecuniary damages in a personal injury case?
British Columbia, Canada
The following excerpt is from Edwards v Parkinson’s Heating Ltd., 2018 BCSC 593 (CanLII):
In Danicek v. Alexander Holburn Beaudin & Lang, 2010 BCSC 1111 at para. 253, Mr. Justice Kelleher discussed the principles governing an award of non-pecuniary damages as follows:
Non-pecuniary damages are awarded to compensate the plaintiff for pain, suffering, loss of enjoyment of life and loss of amenities. The compensation awarded should be fair and reasonable to both parties. When assessing non-pecuniary damages, fairness 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 at paras. 188-89.
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