What is the test for determining the quantum of general damages in a personal injury action?

New Brunswick, Canada


The following excerpt is from O'Donnell v. O'Blenis, 2004 NBCA 23 (CanLII):

The applicable standard of review requires that great deference be shown for the trial judge’s assessment of non-pecuniary general damages. Absent an error of law or principle, a lack of material evidence or a misapprehension of critical evidence, an appellate court is not at liberty to vary the quantum of non-pecuniary general damages unless it is palpably incorrect or wholly erroneous (see Vincent v. Abu-Bakare, at para. 28).

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