What is the law of damages for non-pecuniary loss?
British Columbia, Canada
The following excerpt is from Klose v Chybisov, 2021 BCSC 333 (CanLII):
Since the “primary function of the law of damages is compensation, it is reasonable that awards for non-pecuniary loss, which do not fulfill this function,” are moderate: Lindal v. Lindal, 1981 CanLII 35 (SCC), [1981] 2 S.C.R. 629 at 639–640, 129 D.L.R. (3d) 263. The compensation awarded should be fair to all parties, and fairness is measured against awards made in comparable cases. Such cases, though helpful, serve only as a rough guide: Trites at para. 189.
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