What is fairness measured against a similar case?

British Columbia, Canada


The following excerpt is from Aselstyne v Stobbart, 2021 BCSC 26 (CanLII):

Fairness is measured against awards made in comparable cases, but I am mindful that each case depends on its own unique facts. Although often helpful, such cases only serve as a rough guide: Trites v. Penner, 2010 BCSC 882 at paras. 188-189. The process is one of assessment rather than mathematical precision: Drodge v. Kozak, 2011 BCSC 1316.

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