What is the range of non-pecuniary damages available to a plaintiff in a medical malpractice case?
British Columbia, Canada
The following excerpt is from Schoenke v. Overwaitea Foods Limited, 2003 BCPC 465 (CanLII):
Non-pecuniary damages are awarded on a compensatory basis and intended to provide solace where there has been pain and suffering and loss of amenities (Andrews v. Grand & Toy Alberta Ltd. (1978), 1978 CanLII 1 (SCC), 83 D.L.R. (3d) 452). The personal circumstances of the claimant are therefore relevant.
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