What is the proper assessment of non-pecuniary damages in a motor vehicle accident?

British Columbia, Canada


The following excerpt is from Baracco v Mallinson, 2021 BCSC 156 (CanLII):

The Court of Appeal outlined the proper approach to the assessment of non-pecuniary damages in Stapley v. Hejslet, 2006 BCCA 34 at paras. 45-46, leave to appeal refused, [2006] S.C.C.A. No. 100. The factors to be considered include the plaintiff’s age, the nature of his injuries, the severity and duration of his pain, disability, emotional suffering, loss or impairment of life, the impairment of his family and social relationships, the impairment of his physical and mental abilities, and loss of lifestyle. Stoicism should not reduce a non-pecuniary damages award.

Other Questions


In a motor vehicle accident involving a stolen vehicle, can the driver of the stolen vehicle be held liable for damages? (British Columbia, Canada)
What is the test for assessing damages for non-pecuniary damages in a motor vehicle accident? (British Columbia, Canada)
What is the proper approach to assessing non-pecuniary damages in a motor vehicle accident? (British Columbia, Canada)
What is the test for assessing damage caused by a motor vehicle accident? (British Columbia, Canada)
What is the test for assessing damages in a motor vehicle accident? (British Columbia, Canada)
What is the standard of damages for non-pecuniary damages in a motor vehicle accident? (British Columbia, Canada)
What is the test for assessing both contributory and quantum damages in a motor vehicle accident case? (British Columbia, Canada)
What is the proper head of damages for loss of earning capacity in a motor vehicle accident? (British Columbia, Canada)
What is the test for determining whether a motor vehicle accident is an accident or an accident? (British Columbia, Canada)
What is the proper measure of damages for damages where a defect in a motor vehicle is not disclosed? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.