What is the range of factors used to determine the quantum of damages awarded in a motor vehicle accident case?

British Columbia, Canada


The following excerpt is from Bergman v. Standen, 2010 BCSC 1692 (CanLII):

In Stapley v. Hejslet, 2006 BCCA 34 at para. 46, Kirkpatrick J.A. set out a non-exhaustive list of factors to be considered in an award of pecuniary damages. That list includes the following: (a) age of the plaintiff; (b) nature of the injury; (c) severity and duration of pain; (d) disability; (e) emotional suffering; and (f) loss or impairment of life; ... (g) impairment of family, marital and social relationships; (h) impairment of physical and mental abilities; (i) loss of lifestyle; and (j) the plaintiff's stoicism [in the sense that stoicism ought not to penalize a plaintiff]...

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