S. Iordanis

The plaintiff sought pre-judgment interest under the Courts of Justice Act following a judgment and costs decision.

The defendants opposed, arguing that awarding pre-judgment interest would run counter to the purposes of insurance and that the plaintiff did not suffer a loss of money, only lost chattels.

The court rejected the defendants' arguments, finding no principled or legal basis to deny pre-judgment interest on contractual insurance payments.

The court reasoned that interest accounts for the time delay in payment, prevents insurers from benefiting from delayed payouts, and is consistent with the Insurance Act's payment timelines.

The plaintiff was awarded $2,531.72 in pre-judgment interest.

Following a trial regarding an insurance claim for a fire loss, the court determined the costs of the action.

The plaintiff was awarded $25,468.64 at trial, which was less than the defendants' Rule 49 offer of $50,000 made prior to trial.

The court held that a subsequent, higher offer made by the defendants on the first day of trial did not revoke the earlier Rule 49 offer.

Consequently, the plaintiff was entitled to costs up to the date of the offer, and the defendants were entitled to costs thereafter.

Setting off the amounts, the plaintiff was ordered to pay the defendants a net sum of $15,000 in costs.

The defendant brought a motion to set aside a noting in default and for leave to file a defence in an action for statutory accident benefits.

The defendant argued the plaintiff's claim was premature because mediation at the Financial Services Commission of Ontario (FSCO) had not occurred.

The court found the mediation was deemed failed due to the expiration of the 60-day prescribed time limit, meaning the plaintiff's claim was not premature.

The court dismissed the motion to set aside the noting in default because the defendant provided no explanation for its delay in responding to the statement of claim and no evidence of an intent to defend.