What are the non-pecuniary damages awarded to a plaintiff in a motor vehicle accident?

British Columbia, Canada


The following excerpt is from Allen v Luca, 2021 BCSC 14 (CanLII):

Non-pecuniary damages are awarded to compensate the plaintiff for pain, suffering, loss of enjoyment of life, and loss of amenities. Non-pecuniary damages do not focus on the injury alone but include a number of factors. As set out in Stapley v. Hejslet, 2006 BCCA 34 at para. 46, leave to appeal ref’d [2006] S.C.C.A. No. 100, the factors that influence an award of non-pecuniary damages include: a) age of the plaintiff; b) nature of the injury; c) severity and duration of pain; d) disability; e) emotional suffering; f) loss or impairment of life; g) impairment of family, marital, and social relationships; h) impairment of physical and mental abilities; i) loss of lifestyle; and j) the plaintiff's stoicism (as a factor that should not penalize the plaintiff).

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