Three Judges of our top court ordered a new trial after a personal injury jury awarded an injury claimant $1,000 for out-of-pocket expenses and nothing for pain and suffering(Banks v. Shrigley)  nor cost of future care.The Honourable Mr. Justice Mackenzie stated:

“It is illogical to conclude that a plaintiff was injured and suffered out of pocket expenses but did not sustain any pain, suffering and loss of enjoyment, however transitory, as a result of the injury. The finding of injury and the award for special damages cannot be reconciled. Without any award for non-pecuniary damages, the answers present a clear conflict.”( Balla v. I.C.B.C.,2001 BCCA 062; following by Banks v. Shrigley, 2001 BCCA 232)

Followed by our top  court  this injury case reaffirms the principle that an award damages for pain and suffering must follow an award for cost of care and other injury related our of pocket expenses. Posted by Mr. Renn A. Holness

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