Megan Self

Following a jury trial in a personal injury action arising from a golf cart accident, the court addressed the narrow post-verdict issue of the applicable pre-judgment interest rate on past pecuniary damages.

The defendant sought a reduction from the statutory 3.3% rate to 1.3% under s. 130(1) of the Courts of Justice Act, relying on lower prevailing rates, the timing of the income loss, severance-related income continuation, and alleged delay.

The court held that the rate fluctuations were not sufficiently marked to justify departure from the statutory regime, declined to speculate about the jury’s calculation of past income loss, and found no egregious delay by either side.

The statutory rate remained applicable.

During a personal injury trial arising from a golf cart accident, the court was asked to determine whether a severance package received by the plaintiff after his termination should be deducted from any damages awarded for loss of income.

The plaintiff argued the severance fell under the private insurance exception to the rule against double recovery.

The court agreed, finding that the severance package was obtained in exchange for the plaintiff giving up his rights as a long-term employee, and was not merely a continuation of salary.

Therefore, no deduction for the severance allowance would be made from any jury award for past or future loss of income.