What is the test for a trial judge to determine the quantum of an award in a motor vehicle accident case?

British Columbia, Canada


The following excerpt is from Schwab v. Schaloske, 1982 CanLII 750 (BC SC):

Dickson J. said in Keizer v. Hanna, 1978 CanLII 28 (SCC), [1978] 2 S.C.R. 342 at 351, 3 C.C.L.T 316, 82 D.L.R. (3d) 449, 19 N.R. 209: It is, of course, true that a trial judge must consider contingencies tending to reduce the ultimate award and give those contingencies more or less weight. It is equally true there are contingencies tending to increase the award to which a judge must give due weight. At the end of the day the only question of importance is whether, in all the circum­stances, the final award is fair and adequate. Past experience should make one realize that if there is to be error in the amount of an award it is likely to be one of inadequacy.

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