This endorsement addresses three issues arising from a prior trial judgment: the statutory deductible for non-pecuniary damages, the prejudgment interest rate, and the costs of the action.
The court determined that the 2019 statutory deductible applied, reducing the net non-pecuniary damages.
The prejudgment interest rate was fixed at 1%, rejecting the plaintiff's request for a higher rate due to the defendant's conduct.
On costs, the court found the plaintiff was entitled to partial indemnity costs up to the Rule 49 offer date and substantial indemnity costs thereafter, criticizing the defendant's inflexible settlement approach.
The court adjusted the plaintiff's requested hourly rates and disbursements, ultimately fixing fees at $300,000 plus HST and disbursements at $39,864.56 plus HST.