What is the test for assessing general or non-pecuniary damages?
Ontario, Canada
The following excerpt is from McClean v. Manorgate Estates, 2010 ONSC 949 (CanLII):
In Andrews v. Grand & Toy Alberta Ltd., 1978 CanLII 1 (SCC), [1978] 2 S.C.R. 229 (S.C.C.) at p. 261, Dickson J. (as he then was) discussed the task of assessing general or non-pecuniary damages: 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. No money can provide true restitution. Money can provide for proper care: this is the reason that I think the paramount concern of the courts when awarding damages for personal injuries should be to assure that there will be adequate future care.
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