How have the BCSC and other courts treated the issue of equalization in the context of the equalization claim?

British Columbia, Canada


The following excerpt is from Fadai v. Cully, 2014 BCSC 290 (CanLII):

However it is still useful to consider the results in similar cases, to ensure that the award is fair to both parties: Kuskis v. Hon Tin, 2008 BCSC 862 at paras. 135-6.

In Stapley v. Hejslet, 2006 BCCA 34, Madam Justice Kirkpatrick at para. 46 provided a helpful, non-exhaustive list of factors to consider when assessing the amount of damages under this heading: (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 and [possibly subsumed within the preceding factors]… (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).

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