What is the test for determining if a plaintiff is entitled to an award of damages from the Court of Appeal of BCSC 1255?
British Columbia, Canada
The following excerpt is from LaRocque v LaRocque, 2019 BCSC 655 (CanLII):
The award is to be fair to both parties and fairness is measured against awards in comparable cases: Olson v. Farran, 2016 BCSC 1255 at para. 156.
Factors to be considered in assessing non-pecuniary damages include: the plaintiff’s age; nature of the injury; severity and duration of pain; disability; emotional suffering; loss or impairment of life; impairment of family, marital and social relationships; impairment of physical and mental abilities; loss of lifestyle; and the plaintiff’s stoicism (which, generally, should not penalize the plaintiff): Stapley v. Hejslet, 2006 BCCA 34 at para. 46.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for determining the quantum of an inheritance when determining the amount of support awarded by the Court of Appeal? (British Columbia, Canada)
What is the role of the Court of Appeal in determining that non-pecuniary damage award is inordinately low? (British Columbia, Canada)
What is the test for a court of appeal to alter an award made by a judge at trial for delayed payment of damages to a plaintiff? (British Columbia, Canada)
How has the Court in England and Wales treated the Court of Appeal's decision to award the Commissioner's Award for Disgraceable Dismissal/Disparability? (British Columbia, Canada)
What is the test for determining if a plaintiff is entitled to an award of up to $200,000 in damages? (British Columbia, Canada)
Is the Chief Justice of the Court of Appeal of the Supreme Court of B.C holding that the Court has jurisdiction to determine whether a person who is not a party to a particular type of tortfeasor has a valid claim? (British Columbia, Canada)
What is the standard of review applied by the Court of Appeal in determining the apportionment of fault between a plaintiff and plaintiff? (British Columbia, Canada)
What is the test for determining the quantum of compensatory damages awarded by the Court of Appeal in a personal injury case? (British Columbia, Canada)
What is the test for determining whether a plaintiff is entitled to a segregated pecuniary head of damage? (British Columbia, Canada)
What is the test for determining whether a plaintiff is entitled to full compensation for non-pecuniary damages? (British Columbia, Canada)
