What factors are considered in determining pain, suffering and loss of enjoyment of life?
British Columbia, Canada
The following excerpt is from Noftle v Bartosch, 2018 BCSC 766 (CanLII):
The judge considers all the evidence relevant to the pain, suffering, and lost of enjoyment of life the plaintiff experienced to the date of trial and in the future, among them, the following inexhaustive list of factors (as noted in Stapley v. Hejslet, 2006 BCCA 34, at para. 46): 1. the plaintiff’s age; 2. the nature of the injury; 3. the severity and duration of pain, 4. disability; 5. emotional suffering; 6. loss or impairment of life; 7. impairment of family, marital and social relationships; 8. impairment of physical and mental abilities; and 9. loss of lifestyle.
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