What is the test for determining the final assessment of damages in a personal injury case?
British Columbia, Canada
The following excerpt is from Hong v. Wagner, 2014 BCSC 373 (CanLII):
Moreover, it is clear the determination of the final assessment of damages “is a notoriously difficult judicial task given the multitude of factors and future uncertainties at play”: Mackie v. Gruber, 2010 BCCA 464, para. 18.
Similarly, when assessing a loss of future earning capacity, Stromberg‑Stein J.A. in Jurczak cited with approval the following statement from Parypa v. Wickware, 1999 BCCA 88: Ultimately, the court must base its decision on what is reasonable in all of the circumstances. Projections, calculations and formulas are only useful to the extent that they help determine what is fair and reasonable.
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