What is the test for calculating the quantum of damages in a personal injury action?
British Columbia, Canada
The following excerpt is from Ziauddin v Kuang, 2022 BCSC 386 (CanLII):
The assessment of loss must be based on the evidence, but requires an exercise of judgment and is not a mathematical calculation. Ultimately, the court must assess these damages based on what is fair and reasonable in all of the circumstances: Parypa v. Wickware, 1999 BCCA 88 at para. 70; Rosvold v. Dunlop, 2001 BCCA 1 at paras. 11, 18.
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