What is the test for damages for non-pecuniary damages in a personal injury action?
Ontario, Canada
The following excerpt is from John Doe v. O'Dell, 2003 CanLII 64220 (ON SC):
The essential purpose of tort law is to place the plaintiff in the position in which he would have been, absent the defendant's actions. The plaintiff is entitled to "fair and reasonable compensation" for the non-pecuniary damages which he sustained and will continue to suffer as a result of the wrongful conduct (Andrews v. Grand & Toy Ltd., 1978 CanLII 1 (SCC), [1978] 2 S.C.R. 229 at 264, 83 D.L.R. (3d) 452). The purpose of damages for non-pecuniary loss is to compensate the plaintiff for pain and suffering and loss of amenities and enjoyment of life.
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