Jan 17, 2017
An amendment made on January 1, 2015 changed the amount of pre-judgment interest for some cases. The Rules of Civil Procedure had previously set the rate at five percent which has been amended by the Courts of Justice Act with the current bank rate with the exception of non-pecuniary losses (damages which cannot be quantified with a monetary value such as compensation for pain and suffering). This change in legislation posed the question as to whether or not PJI is retroactive in motor vehicle cases.
On June 22, 2016, an endorsement was issued in the case of Dimopoulos v Mustafa pertaining to issues raised during the argument of a threshold motion in a motor-vehicle accident case. One of the particular issues was that of the applicable rate of pre-judgement interest on general damages. The decision in this particular case was that the pre-judgement interest (PJI) was not retroactive.
The deductible awarded by the Court in this case was not retroactive due to the fact that jury made its award in this matter on May 26, 2015, prior to the statutory amendment of August 1, 2015. The rate of pre-judgment interest was awarded at 5 percent per annum from the date of notice.
Also of importance in this recent decision is that the Defence will not be penalized with enhanced costs if they attend a mediation and offer nothing as such an approach can still be considered "meaningful participation" . It should be noted, however, that the Court considered this to be a rare instance where lifting the veil of privilege was warranted and ordered the briefs to be disclosed. The experienced personal injury team of lawyers at The Morris Law Group consistently follow up on legislative changes and amendments in order to maximize on the benefits our clients are able to receive.