What are the non-pecuniary damages awarded in a personal injury action?

British Columbia, Canada


The following excerpt is from Hancott v. Barnes, 2015 BCSC 1308 (CanLII):

Non-pecuniary damages are awarded to compensate a plaintiff for his pain, suffering, loss of enjoyment of life, and loss of amenities caused by the defendant's negligence. The jurisprudence provides that the award should be fair and reasonable to both parties. Fairness is measured against awards made in comparable cases which may offer a rough guide. Each case however calls for individualized assessment and must be decided on its own unique facts: Trites v. Penner, 2010 BCSC 882 at para. 188; see also Stapley v. Hejslet, 2006 BCCA 34.

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