What is the test for non-pecuniary compensation in a medical malpractice case?
British Columbia, Canada
The following excerpt is from Trusty v Hatch, 2021 BCSC 618 (CanLII):
Non-pecuniary compensation must be fair and reasonable to both parties. Fairness can be assessed as against awards made in comparable cases, although the circumstances of each case are obviously unique: Trites v. Penner, 2010 BCSC 882 at para. 189.
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