What factors will a judge consider when determining damages in a motor vehicle accident?

British Columbia, Canada


The following excerpt is from Banic-Govc v Timm, 2018 BCSC 1073 (CanLII):

As enumerated in Stapley v. Hejslet, 2006 BCCA 34 at para. 46, in determining an award for non-pecuniary damages, a judge may consider: (a) the plaintiff's age; (b) the nature of the injury; (c) the severity and duration of physical pain; (d) the extent and duration of any physical disabilities; (e) the extent and duration of any psychological injury including depression, anxiety, or any other emotional suffering; (f) the loss or impairment of life; (g) the impairment of family, marital and social relationships; (h) the impairment of physical and mental abilities; (i) the loss or impairment of lifestyle choices; and (j) the plaintiff’s stoicism (as a factor that should not, generally speaking, penalize the plaintiff).

Other Questions


What factors must a court consider in determining non-pecuniary damages in a motor vehicle accident? (British Columbia, Canada)
What factors are considered by the courts in determining non-pecunciary damages in a motor vehicle accident? (British Columbia, Canada)
What factors are considered to determine the quantum of non-pecuniary damages awarded in a motor vehicle accident case? (British Columbia, Canada)
What factors have been considered in determining the quantum of damages for a plaintiff who was injured in a motor vehicle accident? (British Columbia, Canada)
What factors have been added to the list of factors that a plaintiff must consider in determining the severity of a motor vehicle accident? (British Columbia, Canada)
What factors are considered to determine the quantum of damages awarded in a motor vehicle accident case? (British Columbia, Canada)
What factors are considered to determine the quantum of non-pecuniary damages awarded in a motor vehicle accident? (British Columbia, Canada)
What factors are considered to determine the quantum of damages awarded in a motor vehicle accident? (British Columbia, Canada)
What is the test for determining whether a motor vehicle accident is an accident or an accident? (British Columbia, Canada)
What are the factors that determine an award of non-pecuniary damages in a motor vehicle accident? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.