What is the test for general damages in personal injury cases?
New Brunswick, Canada
The following excerpt is from Lepage v. Quimper, 2004 NBQB 29 (CanLII):
At paragraph 59 of Vincent v. Abu-Bakare, supra, Drapeau, C.J., commented as follows: [...] Too often trial judges are being asked by plaintiffs to award damages for inadequately proven future pecuniary losses. The solution does not lie in making an arbitrary award, whether free-standing or dissolved in the non-pecuniary general damages. The principled approach is to award only nominal pecuniary general damages, the claimant having failed to prove his or her loss.
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