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

British Columbia, Canada


The following excerpt is from McMullin v Trelenberg, 2020 BCSC 49 (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, and fairness is measured against awards made in comparable cases. That said, such cases serve only as a rough guide. Each case depends on its own unique facts: Trites v. Penner, 2010 BCSC 882 at paras. 188-189; Dilello v. Montgomery, 2005 BCCA 56 at para. 25.

The oft-cited case of Stapley v. Hejslet, 2006 BCCA 34 at para. 46 sets out a non-exhaustive list of factors to be considered when assessing non-pecuniary damages: • age of the plaintiff; • nature of the injury; • severity and duration of pain; • disability; • emotional suffering; • loss or impairment of life; • impairment of family, marital and social relationships; • impairment of physical and mental abilities; • loss of lifestyle; and • the plaintiff's stoicism. The defendants’ position

Other Questions


What is the quantum of damages for personal injury awarded in a personal injury case? (British Columbia, Canada)
What is the range of damages for personal injury damages in a personal injury case? (British Columbia, Canada)
In a personal injury action for damages for personal injury, is there any case law where there is little or no objective evidence of continuing injury? (British Columbia, Canada)
What is the test for challenging an award in a personal injury case where damages are awarded on the basis that it is inordinately high or inordinately low? (British Columbia, Canada)
What is the test for calculating damages for personal injury in a personal injury case? (British Columbia, Canada)
What is the test for challenging an award for damages awarded by a jury in a personal injury case? (British Columbia, Canada)
What is the test for determining the quantum of damages awarded by a judge in a personal injury case? (British Columbia, Canada)
What is the test for determining the quantum of compensatory damages awarded by the Court of Appeal in a personal injury case? (British Columbia, Canada)
Is there an error of principle in awarding damages in a personal injury case? (British Columbia, Canada)
In a personal injury action for damages for personal injury, what is the current state of the law on pain? (British Columbia, Canada)
X



Whitelogo nobg 300dpi sm


"The most advanced legal research software ever built."


Trusted by top litigators from across North America.