The Ontario Trial Lawyers Association (OTLA) brought a motion for leave to intervene as a friend of the court in an appeal concerning the appropriate prejudgment interest (PJI) rate for non-pecuniary damages in a medical malpractice case.
The plaintiffs consented, while the defendant, Dr. Zaitlen, opposed.
The court granted OTLA leave to intervene on the issue of the analytical framework and evidentiary threshold for departing from the statutory PJI rate, but denied leave to make submissions on adequate notice, as it would improperly expand the scope of the appeal.
