What is the test for assessing damages for non-pecuniary damages in a motor vehicle accident?

British Columbia, Canada


The following excerpt is from Rea v Law, 2021 BCSC 969 (CanLII):

There have been hundreds of judgments of this court referencing the list of non-exhaustive factors to consider when assessing an award for non-pecuniary damages as set out in Stapley v. Helsjet, 2006 BCCA 34, which are: a) age of the plaintiff; b) nature of the injury; c) severity and duration of pain; d) disability; e) emotional suffering; f) loss or impairment of life; g) impairment of family, marital and social relationships; h) impairment of physical and metal abilities; i) loss of lifestyle; and j) the plaintiff’s stoicism (as a factor that should not, generally speaking, penalize the plaintiff).

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