What is the test for damages in personal injury cases?
Saskatchewan, Canada
The following excerpt is from Hewitson v. Robin Hood Mills, Ltd, 1923 CanLII 158 (SK CA):
And this principle is thus stated in 10 Halsbury, 323-4, as gathered from Phillips v. L. & S.W. Ry. (1879) 4 O.B.D. 406, and 5 O.B.D. 78, 41 L.T. 121, and other cases there referred to: In actions for personal injuries * * * the jury are to award damages not only for the actual pecuniary loss occasioned by the injury, but also for the pain and suffering of the plaintiff and the diminution of his capacity for the enjoyment of life, as well as in respect of the probable inability of the plaintiff to earn an income equal to that which he has earned in the past.
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