What is the test for assessing non-pecuniary damages in a motor vehicle accident case?

British Columbia, Canada


The following excerpt is from Morlan v. Barrett, 2012 BCCA 66 (CanLII):

Madam Justice Kirkpatrick then provided (at para. 46) a non-exhaustive list of common factors to be considered in assessing non-pecuniary damages: (a) age of the plaintiff; (b) nature of the injury; (c) severity and duration of pain; (d) disability; (e) emotional suffering; and (f) loss or impairment of life. While acknowledging that the following additional factors may be subsumed within the ones already listed, she added: (g) impairment of family, marital and social relationships; (h) impairment of physical and mental abilities; (i) loss of lifestyle; and (j) the plaintiff's stoicism (as a factor that should not, generally speaking, penalize the plaintiff: Giang v. Clayton, 2005 BCCA 54, 38 B.C.L.R. (4th) 17).

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