What is the quantum of damages for future loss of capacity and cost of future care?
British Columbia, Canada
The following excerpt is from Pike v. Kasiri, 2016 BCSC 555 (CanLII):
It is appropriate to apply this reduction to the award for future loss of capacity and cost of future care; and also to the award for non-pecuniary damages, based on Zacharias v. Leys, 2005 BCCA 560.
Non-pecuniary damages are awarded to compensate the plaintiff for pain, suffering, loss of enjoyment of life and loss of amenities. The compensation awarded should be fair to all parties, and fairness is measured against awards made in comparable cases. But such cases, though helpful, serve only as a rough guide. Each case depends on its own unique facts: Trites v. Penner, 2010 BCSC 882 at paras. 188-189.
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