What is the test for a claim for non-pecuniary damages or loss of wages?
British Columbia, Canada
The following excerpt is from Ballen v. Ballen, 2000 BCSC 1264 (CanLII):
Counsel for the plaintiff relies on Just v. British Columbia (1991), 60 B.C.L.R. (2d) 209 (S.C.), where Donald J.(as he then was), did not allow benefits to be deducted since, as he said at p. 231: The defendant produced nothing to enable me to match this benefit against any specific category of loss claimed in this action. I am, therefore, unable to say whether the benefit should be applied against non-pecuniary damages or loss of wages, or, if against both, how much should be allocated to each.
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