What are non-pecuniary damages for loss of enjoyment of life and loss of amenities?

British Columbia, Canada


The following excerpt is from Binning v Kandola, 2021 BCSC 157 (CanLII):

Non-pecuniary damages are awarded to compensate a plaintiff for pain, suffering, loss of enjoyment of life, and loss of amenities. The compensation awarded should be fair to all parties; fairness is measured against awards made in comparable cases. Such cases, while helpful, serve only as a rough guide. Each case depends on its unique facts: Trites v. Penner, 2010 BCSC 882 at paras. 188–189.

The Court of Appeal outlined the non-exhaustive factors to be considered when assessing non-pecuniary damages in Stapley v. Hejslet, 2006 BCCA 34 at para. 46. They include the plaintiff’s age, the nature of the injury, the severity and duration of pain, disability, emotional suffering, impairment of life, family, marital and social relationships, physical and mental abilities, the loss of lifestyle, and stoicism, a factor which generally ought not to penalise a plaintiff.

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