Edward J. Cottrill

Following the release of reasons for judgment, the court received written submissions on costs of the cross-appeal.

On consent of the appellant in the cross-appeal, the court awarded costs of the cross-appeal to the respondents in the cross-appeal on a partial indemnity basis, fixed at $2,000 each.

The plaintiffs, Ontario residents, were injured in a motor vehicle accident in New York State involving a vehicle driven by a New York resident.

The plaintiffs sued in Ontario.

The defendant moved to determine the applicable law.

The Court of Appeal held that the substantive law of New York (lex loci delicti) applies, while the procedural law of Ontario (lex fori) applies.

The Court determined that costs and the cap on non-pecuniary damages are procedural matters governed by Ontario law, whereas pre-judgment interest is a substantive right governed by New York law.