DATE: 20010831
DOCKET: C29086

COURT OF APPEAL FOR ONTARIO

RE:
COSIMO PISANI (Plaintiff/Respondent) –and– SEVERE BLANCHET, DANIEL MAUZEROLL and FILIPPO SABATINO (Defendants/Appellants)

BEFORE:
OSBORNE A.C.J.O., FINLAYSON and WEILER JJ.A.

COUNSEL:
Vernol I. Rogers, for the appellants Blanchet and Mauzeroll
Donald C. DeLorenzo, for the appellant Sabatino
William C. Wolfe, for the respondent

HEARD:
August 27, 2001

RELEASED ORALLY:
August 27, 2001

On appeal from the judgment of Justice Mary Anne Sanderson dated January 16, 1998.

E N D O R S E M E N T

[1] The trial judge calculated prejudgment interest on the respondent’s past loss of income on a periodic basis as required by the Courts of Justice Act, R.S.O. 1990, c. C.43 as amended. She held that the past loss of income began to accrue immediately following the accident, and not 1.5 years later, a position that is legally and logically consistent with the facts and verdict.

[2] Contrary to the submissions of the appellants, she was not required to attempt to make findings consistent with the appellants’ interpretation of the finding of the jury on a related but not identical matter upon which there was an extended discussion between the trial judge and jury.

[3] We are not prepared to interfere with the trial judge’s treatment of the deduction of no-fault benefits and the resulting calculation of prejudgment interest.

[4] Accordingly, the appeal is dismissed with costs.

Signed:
“C.A. Osborne A.C.J.O.”
“G.D. Finlayson J.A.”
“K.M. Weiler J.A.”