Courdin v. Meyers, 2005 BCCA 91 - the jury awarded the claimant a total amount of $ 1,456,500.00 for injuries suffered in a rear - ended car accident, $ 950,000 for pain and suffering
non-pecuniary general damages.
The idea of a soft tissue minor injury cap on
non-pecuniary general damages (pain and suffering) was a compromise by the government, who in general believed in the rights of individuals to be made whole when they are wronged.
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.
Not exact matches
General damages can include both Pecuniary Loss (like future loss of earnings) and
Non-Pecuniary Loss (like injuries).
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.
Non-pecuniary or
general damages are meant to compensate and injured person for the loss of ability to fully enjoy life to the same measure as before he or she was injured.
There has been a change in the interest rate that applies to
non-pecuniary damages (
general damages or
damages for pain and suffering and loss of enjoyment of life and
damages under the Family Law Act) as of January 1, 2015.
As a result, pre-judgment interest on
general or
non-pecuniary damages in motor vehicle accident cases will now be based on the rate that applies to all other
damages.
This includes
general non-pecuniary damages for pain and suffering in personal injury actions, which are presumed to arise the moment the injury occurs.
Subsection (2) then creates an exception to this
general entitlement for
non-pecuniary damages in personal injury litigation:
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 damages Also known as general damages, non-pecuniary damages are awarded for your pain, suffering and loss of enjoy
Non-pecuniary damages Also known as
general damages,
non-pecuniary damages are awarded for your pain, suffering and loss of enjoy
non-pecuniary damages are awarded for your pain, suffering and loss of enjoyment of life.
There has been a change in the interest rate that applies to
non-pecuniary damages (
general damages or
damages for pain and suffering and loss of enjoyment of life and
damages under the Family -LSB-...]
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.
The current state of the law in Ontario requires you to have suffered a serious and permanent impairment of an important physical and / or psychological function in order to be compensated for
general non-pecuniary damages for your pain and suffering.
You should also know that there is a $ 36,905.40 deductible that is applied to
general non-pecuniary damage claims for pain and suffering.