What is the test for non-pecuniary damages in a personal injury case?
British Columbia, Canada
The following excerpt is from Neil v Martin, 2021 BCSC 1727 (CanLII):
An award of non-pecuniary damages should be fair and reasonable to both parties: Trites v. Penner, 2010 BCSC 882 at para. 188. Fairness is measured in part against awards made in comparator cases. However, these cases serve only as a “rough guide”, and each case will turn on its own unique facts: Trites at para. 189.
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