Does the difficulty of making a fair assessment of damages under the common law head of damages for personal injury be sufficient to relieve the court of its duty to do so?

The difficulty in making a fair assessment under this head of damages was highlighted by Finch J.A. in Pallos v. Insurance Corp. of British Columbia, [1995] W.W.R. 728 (B.C.C.A.), when he concluded the various methods of assessment are “equally arbitrary” (para. 43). He then concluded that “[i]t has, however, often been said that the difficulty of making a fair assessment of damages cannot relieve the court of its duty to do so” (para. 43).