What is the test for quantifying non-pecuniary losses?
British Columbia, Canada
The following excerpt is from Brooks v. R., 2000 BCSC 735 (CanLII):
The problem of quantifying non-pecuniary losses was described by Dickson J. (as he then was) in Andrews v. Grand & Toy, 1978 CanLII 1 (SCC), [1978] 2 S.C.R. 229; 3 C.C.L.T. 225 at 251: There is no medium of exchange for happiness. There is no market for expectation of life. The monetary evaluation of non-pecuniary losses is a philosophical and policy exercise more than a legal or logical one. The award must be fair and reasonable, fairness being gauged by earlier decisions; but the award must also of necessity be arbitrary or conventional.
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