What is the test for determining the overall fairness and reasonableness of an award in a motor vehicle accident case?
British Columbia, Canada
The following excerpt is from Basi v Xia, 2021 BCSC 1324 (CanLII):
The overall fairness and reasonableness of the award must be considered taking into account all the evidence. It requires an assessment of the plaintiff’s past loss of earning capacity, not a calculation according to some mathematical formula: Ibbitson v. Cooper, 2012 BCCA 249 at para. 19.
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