What is the test for determining a proper award in a personal injury case?
Alberta, Canada
The following excerpt is from Protopappas Estate (Re), 1987 CanLII 3490 (AB QB):
The courts have noted the difficulty in determining a proper award. In Bosch v. Perpetual Trust, 1938 CanLII 415 (UK JCPC), [1938] A.C. 463, it was stated: "… It must always be one largely of guess-work, especially in a case like the present, which is concerned with children of tender age of whose needs in the future nothing can be predicted with any certainty. But, guiding themselves by the principles which have been discussed in an earlier part of this judgment …" There are two methods of doing so. I can make a lump sum award or a periodic payment award.
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