In this wrongful conviction case the Province was ordered to pay compensatory damages in the amount of $530,000, special damages in the amount of $56,691.80, and damages in the amount of $7,500,000 to serve both the vindication and deterrence functions under s. 24(1) of the Charter. The plaintiff was awarded costs at Scale C of Appendix B of the Supreme Court Civil Rules.
The plaintiff successfully applied for an order that he be awarded pre-judgment interest. The judge concluded that the damages awarded to the plaintiff for vindication and deterrence are non-pecuniary in nature. However the judge went on the comment,
 Although the damage award for vindication and deterrence does sound in money and therefore fits the definition of pecuniary judgment, the award as a head of damage remains non-pecuniary in nature. This finding is consistent with the distinction drawn between a pecuniary judgment and non-pecuniary damages in V.(J.L.) and Dhillon.
 I find, however, that the damages awarded to the plaintiff for vindication and deterrence do not arise from either personal injury or death and are thus not exempt from the application of pre-judgment interest under s. 2(e) of the Act. (Henry v. British Columbia (Attorney General), 2016 BCSC 2082)
Posted by Personal Injury Lawyer Mr. Renn A. Holness, B.A. LL.B.