In Stapley v. Hejslet, 2006 BCCA 34 at para. 46, leave to appeal refused [2006] S.C.C.A. No. 100, the court outlined the non-exhaustive factors to be considered when assessing non-pecuniary damages: (a) age of the plaintiff; (b) nature of the injury; (c) severity and duration of pain; (d) disability; (e) emotional suffering; and (f) loss or impairment of life. The court also added as factors: (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, generally speaking, penalize the plaintiff.
The assessment of non-pecuniary damages is necessarily influenced by the individual plaintiff’s personal experiences in dealing with his injuries and their consequences, and the plaintiff’s ability to articulate that experience: Dilello v. Montgomery, 2005 BCCA 56 at para. 25.
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