Following a jury verdict in a personal injury action arising from a motor vehicle collision involving a cyclist, the court addressed post-verdict issues including the statutory threshold for recovery of non-pecuniary damages, the applicable statutory deductible, and the appropriate rate of pre‑judgment interest.
The court found that the injured plaintiff established a permanent serious impairment of an important physical function under the Insurance Act threshold.
The court further held that the increased statutory deductible introduced by O. Reg. 221/15 applied to pending actions, characterizing the deductible as procedural in nature and applicable to quantification of damages.
However, the court concluded that entitlement to and quantification of pre‑judgment interest are substantive matters and therefore the amended Insurance Act provisions did not apply retrospectively.
Pre‑judgment interest was therefore calculated under Rule 53.10 until December 31, 2014 and under s. 128(1) of the Courts of Justice Act thereafter.
