What factors will a court consider when assessing damages for non-pecuniary losses?
British Columbia, Canada
The following excerpt is from Lampkin v. Walls, 2016 BCSC 1003 (CanLII):
The factors a court will consider when assessing damages for non-pecuniary losses are set out in Stapley v. Hejslet, 2006 BCCA 34 at para. 46, leave to appeal ref’d [2006] SCCA No. 100: (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; … (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 …
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