What is the test for non-pecuniary damages in a motor vehicle accident?

There is no dispute concerning the purpose of non-pecuniary damages. They are to compensate the plaintiff for pain, suffering, loss of enjoyment of life and loss of amenities. The amount of the award does not depend alone on the seriousness of the injury but upon its ability to ameliorate the condition of the injured person, considering his or her particular situation. The factors to be taken into account include: the plaintiff’s age; the nature of the injury; the severity and duration of pain; disability; emotional suffering; impairment of life; impairment of family, marital and social relationships; impairment of physical abilities; loss of lifestyle; and the plaintiff’s stoicism (a factor that should not, generally speaking, penalize the plaintiff). See Stapley v. Hejslet, 2006 BCCA 34, at paras. 45-46.