Sentences with phrase «loss of amenities»

[271] In all of the circumstances, the defendants are ordered to pay Ms. Meghji $ 125,000 for non-pecuniary damages for pain, suffering, and loss of amenities and enjoyment of life.

In a trilogy of decisions released in 1978, the Supreme Court established a limit of Can $ 100,000 on general damages for non-pecuniary losses such as pain and suffering, loss of amenities and enjoyment of life, and loss of life expectancy.

That is a legal term for an award of damages as a result of pain and suffering and loss of amenities of life.

Alberta and British Columbia, thus, appear to be at a relative consensus that Veteran's Affairs Pensions are not to be included in income for the purposes of support on the basis that such benefits are compensation for loss of amenities, and thus more appropriately characterized as property than as income.

Where the award of pain and suffering and loss of amenities of life (nonpecuniary damages) is less than $ 50,000, the procedures to get approval of an infant settlement are easier.

In contrast, in AVR v. MJA, 2016 SKQB 272, the court agreed with the principle espoused in Manuge that settlements or awards on account of loss of amenities of life or pain and suffering should not be included in income.

In my view, the transfer of non-pecuniary damages, the label for general damages for pain and suffering, and related loss of amenities, to the general calculation formula for PJI, will have a significant effect on damage awards,... Read More

Non Pecuniary Loss includes damages for «pain and suffering, loss of enjoyment of life and loss of amenities».

[104] The purpose of non-pecuniary damage awards is to compensate the plaintiff for «pain, suffering, loss of enjoyment of life and loss of amenities»: Jackson v. Lai, 2007 BCSC 1023, B.C.J. No. 1535 at para. 134; see also Andrews v. Grand & Toy Alberta Ltd., [1978] 2 S.C.R. 229; Kuskis v. Tin, 2008 BCSC 862, B.C.J. No. 1248.

Reasons for judgement were released today awarding a Plaintiff $ 12,000 for «pain and suffering and loss of amenities «(non-pecuniary damages) for «a mild soft tissue injury which had essentially cleared within 3 months or so.

[55] It is important to remember that non-pecuniary damages are awarded to compensate an individual for the pain, suffering and loss of enjoyment of life and loss of amenities caused by the accident and that the compensation awarded should be fair and reasonable to both parties (Miller v. Lawlor, 2012 BCSC 387 at para. 109 (Miller)-RRB-.

Non ‑ pecuniary damages are awarded to compensate a claimant for pain, suffering, loss of enjoyment of life, and loss of amenities.

After a car accident non-pecuniary damages are awarded to compensate the claimant for pain, suffering, loss of enjoyment of life, and loss of amenities.

In my view, the transfer of non-pecuniary damages, the label for general damages for pain and suffering, and related loss of amenities, to the general calculation formula for PJI, will have a significant effect on damage awards, not only in future but also in pending cases.

Given the severity of the plaintiff's suffering, loss of amenities, and loss of enjoyment of life in this case, I award the plaintiff non-pecuniary general damages in the amount of $ 140,000.

Loss of amenity (e.g. excessive noise, visual disturbance, lack of hot water, lack of advertised facility)

Reasonably maximise development density without loss of amenity in urban and suburban areas.

She also claimed damages for pain, suffering and loss of amenity as a result of the alleged negligence.

The term «loss of amenity» is the legal term used to describe the impact of the injury on the Claimant's enjoyment of life.

As mentioned in the «Your Injuries» section, this is called loss of amenity and is usually compensated as part of your injury award.

It is similar to a loss of amenity — part of the injury aspect of your claim.

The value of Claim, not just the pain, suffering and loss of amenity element but also the financial losses and care and assistance claim, is entirely dependent on the medical expert opinions.

To add to the above, everyone has the potential to suffer at the consequence of another by accident and may indeed require assistance such as rehabilitation, recover costs such as loss of earnings, damaged property as well as compensation for the pain and loss of amenity suffered.

A claim was brought on behalf of Mr X's estate for an award of general damages for his own pain and suffering and loss of amenity prior to his death, past financial losses including a significant award in respect of the care that had been provided to Mr X by his family over the course of his ill - health, together with funeral expenses and a significant award for financial and service dependency for his surviving family.

At Moore Blatch solicitors, we can help the victims of serious accidents to get the compensation they deserve, to cover loss of earnings, ongoing costs of treatment and rehabilitation, together with compensation for pain, suffering and loss of amenity.

We also recover damages for the injury itself known as «general damages» which aim to provide compensation for pain, suffering and loss of amenity and may also be able to recover for loss of notional earnings where appropriate.

General damages, also known as PSLA (pain, suffering and loss of amenity) is compensation paid to the Claimant for the injury suffered.

[58] I do not read either Kroeker or McTavish as preventing me from assessing damages for this aspect of Ms. Savoie's loss as though it were a loss of amenity.

If discrimination at work leads to an employee suffering psychiatric injury he can claim damages for the injury in the Employment Tribunal (i.e. he can ask for an award of «general damages» for pain, suffering and loss of amenity).

Pain, suffering and loss of amenity and / or diminution in value and / or loss of enjoyment of holidays and / or losses and expenses sustained by them during their stays at the Hotel Torremolinos Beach Club Hotel between October 2000 and July 2002 as a result of the Defendants» alleged breach of contracts, the Defendants» and / or suppliers of other services failure to properly perform their obligations to the Claimants in accordance with the Package Travel, Package Holidays and Package Tours regulations 1992.

Failure to keep up with the timetable will result in the claim exiting from the fixed - cost process; Both parties will have to be transparent about valuations for each loss claimed as well as the pain, suffering and loss of amenity award; The claimant will be required to make the first settlement offer; An offer must be made by the defendant within a prescribed timescale if they do not accept the claimant's offer.

The central issue for Owen J to determine was the degree to which the brain injury affected Mrs Clarke's functional capacity as a solicitor, and then to assess special damages for loss of earnings and general damages pain, suffering and loss of amenity.

It proposes that compensation for pain, suffering and loss of amenity (PSLA) for minor whiplash claims either be removed entirely or replaced by a fixed sum.

You will have to pay us a «success fee» but this will be limited so that your contribution is no more than 25 % of your damages for pain, suffering, loss of amenity and past losses.

However no matter what the success fee is set at your contribution will be no more than 25 % of your damages for pain, suffering, loss of amenity and past losses.

You will have to pay the success fee which will be met out of your damages but can not exceed 25 % of the damages awarded for pain, suffering, loss of amenity and damages for pecuniary loss (monetary) other than future pecuniary loss, in other words future loss of earnings.

In the smaller cases, damages mainly comprise general damages for pain, suffering and loss of amenity which are valued on common law precedent.

The destruction of the Beeliar wetlands will result in a serious loss of amenity of the area — a popular area for physical activity, family picnics, and reflection.

Not exact matches

However, the mountain and the agencies that protect it face mounting challenges including biodiversity and habitat loss, the effects of climate change, inadequate wayfinding, trail maintenance, limited amenities, and programs that are at or near capacity.

Other changes include the loss of the welcome amenity for top - tier elite members, but those that attain specific levels of status will receive a free night as a courtesy.

Delta has, of course, reported a very healthy profit while United has reported losses and seen high - value travelers flee (see WSJ graphic to the right) but more fundamentally, Delta runs a modern fleet with premium amenities for all cabins, wi - fi on nearly every domestic flight, and great customer service.

Sprawl development contributes to a loss of support for public facilities and public amenities.

So back to the property owner, they need to be well informed of the risks and not be able to pass these off, but under those circumstances they have the best incentives to think about when their land might become unusable (more probably through loss of infrastructure than actually slipping into the sea), and what they wish to do about it, and how they want to go about maximizing the amenity value they see in it, in the face of all the uncertainty.

These millions in losses exclude an economic valuation of the loss of water, the conservation value of the forests, or recreation amenity due to forest destruction.

[132] After having considered all of the foregoing evidence, the submissions of counsel and the case authorities they have cited, I consider that, subject to an adjustment for his failure to mitigate, which I will deal with in the paragraphs that follow, an award of $ 75,000 fairly compensates the plaintiff for his pain and suffering and loss of enjoyment of life and amenities...

In some respects this latest example of higher courts» preference for lumping losses of contracted - for amenities or expectations within the bucket of general awards could be said to be disappointing, and sets a course which may take the civil law further away from the consumer - favoured compensation culture of professional and trade complaints agencies.