What are the damages for loss of enjoyment of life?

Non-pecuniary damages are awarded to compensate the plaintiff for pain, suffering, loss of enjoyment of life and loss of amenities. The compensation awarded should be fair and reasonable to both parties. For purposes of assessment, fairness is measured against awards made in comparable cases. Each case is, however, unique and fact-driven. For this reason, other cases can serve only as a rough guide: Trites v. Penner, 2010 BCSC 882.

An award of non-pecuniary damages compensates the plaintiff for losses suffered up to the trial date and into the future. Common factors for consideration include the plaintiff’s age, the nature of the injuries, the severity and duration of pain and disability, relationship impairment, and loss of life style. A functional approach to quantification is appropriate and damages are to be assessed in light of the plaintiff’s individual circumstances. A clear appreciation of his or her loss and need for solace is the key: Dikey v. Samieian, 2008 BCSC 604.