The defendants appealed a motion judge's decision regarding the applicable pre-judgment interest rate and the quantum of costs following a settlement in a motor vehicle accident claim.
The Divisional Court held that the legislative amendment reducing the pre-judgment interest rate was substantive and did not apply retroactively.
The Court also upheld the motion judge's decision to award the plaintiff unrecovered costs from a statutory accident benefit arbitration, finding that the recovery of those benefits constituted a benefit to the defendants in the tort action.
The appeal was dismissed with costs awarded to the plaintiff.
