What is the test for determining non-pecuniary damages in a motor vehicle accident?
British Columbia, Canada
The following excerpt is from McGavin v Talbot, 2017 BCSC 2194 (CanLII):
The determination of non-pecuniary damages is an individualized process. Guidance is obtained from past cases involving similar injuries in similar circumstances. A non-exhaustive listing of considerations is found in the well-known case of Stapley v. Hejslet, 2006 BCCA 34.
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