In what circumstances will a plaintiff receive a separate non-pecuniary award for loss of enjoyment of life?
British Columbia, Canada
The following excerpt is from Parmar v Stokes, 2022 BCSC 252 (CanLII):
In Riley v. Ritsco, 2018 BCCA 366 [Riley] at para. 102, Justice Groberman held: … In my view, … segregated non-pecuniary awards should be avoided in the absence of special circumstances. There is no reason to slice up a general damages award into individual components addressed to particular aspects of a plaintiff’s lifestyle. While such an award might give an illusion of precision, or suggest that the court has been fastidious in searching out heads of damages, it serves no real purpose. An assessment of non-pecuniary damages involves a global assessment of the pain and suffering, loss of amenities, and loss of enjoyment of life suffered by a plaintiff. By its nature, it is a rough assessment and not a mathematical exercise.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the quantum of damages awarded in a medical malpractice case where a plaintiff was unable to work at gainful employment for the rest of his working life because of the interference with his enjoyment of life? (British Columbia, Canada)
Can a plaintiff receive a separate award for lumbar spine range of motion in addition to pain and sensory impairment? (British Columbia, Canada)
In what circumstances will a plaintiff receive an award for loss of earning capacity? (British Columbia, Canada)
Can a plaintiff claim for a separate award under a separate head of damages for loss of capacity? (British Columbia, Canada)
What is the quantum of damages for loss of enjoyment of life and enjoyment of the enjoyment of living in a residential unit? (British Columbia, Canada)
In what circumstances will a judge award a special costs award for an unsuccessful claim? (British Columbia, Canada)
In what circumstances will a plaintiff be awarded damages from the Church of Scientology for breach of the terms of an oath of trust? (British Columbia, Canada)
In what circumstances will a plaintiff be awarded damages for loss of future earning capacity? (British Columbia, Canada)
In what circumstances will a plaintiff be awarded 100% of her costs and/or contributorily negligent for her injuries? (British Columbia, Canada)
Is a plaintiff entitled to an award for costs of future care for a plaintiff who was injured in a motor vehicle accident? (British Columbia, Canada)
