What are the factors that influence an award of non-pecuniary damages in a motor vehicle accident case?

British Columbia, Canada


The following excerpt is from Beagle v. Cornelson, 2012 BCSC 1934 (CanLII):

Kirkpatrick J.A. set out a non-exhaustive list of factors that influence an award of non-pecuniary damages at paragraph 46 of Stapley v. Hejslet. They include: the age of the plaintiff; the nature of the injury; the severity and duration of the pain; the resulting disability; the emotional suffering flowing from it; the extent to which it has impaired the plaintiff’s enjoyment of life; the extent to which it has impaired family and marital relationships; the degree of impairment of physical and mental abilities; and the extent to which the injuries have impaired the plaintiff’s lifestyle. She added that in assessing these factors, one should not be penalized because of a stoic disposition.

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