What are the factors used to determine non-pecuniary damages in a motor vehicle accident?

British Columbia, Canada


The following excerpt is from Erwin v. Buhler, 2017 BCSC 362 (CanLII):

In Stapley v. Hejslet, 2006 BCCA 34, Kirkpatrick J.A. outlined the factors to be considered when assessing non-pecuniary damages at para. 46. Her non-exhaustive list of factors include: the age of the plaintiff, the nature of the injury, the severity and duration of the pain, disability, emotional suffering, loss or impairment of life, impairment of family, marital and social relationship, impairment of physical and mental abilities, loss of lifestyle and the plaintiff’s stoicism.

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