What is the test for general damages in a personal injury action?
British Columbia, Canada
The following excerpt is from Bennis v Santos-Marchant, 2019 BCSC 749 (CanLII):
An award of general damages “acts as a substitute for the pleasure and enjoyment which has been lost and endeavours to alleviate, as far as possible, the pain and suffering that the plaintiff has endured and will have to endure in the future”: ter Neuzen v. Korn, 1995 CanLII 72 (SCC), [1995] 3 S.C.R. 674 at para. 106, 127 D.L.R. (4th) 577.
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