Prejudgment Interest Rate on General Damages in Personal Injury Actions On Way Out

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Aug17

In MacLeod v Marshall, 2019 ONCA 842, the Ontario Court of Appeal (“ONCA”) dealt a blow to the long-standing notion that the prejudgment interest rate (“PJI”) for non-pecuniary general damages in personal injury cases is 5% per year. In MacLeod, a personal injury action involving allegations of sexual abuse, the ONCA reversed the trial judge’s [...]

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Two Roads Diverged In a Wood

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Jan6

This past summer, the Ontario Court of Appeal released contradictory decisions in Smith v Safranyos 2018 ONCA 760 (“Safranyos”), and Chiocchio v Hamilton (City), 2018 ONCA 762 (“Chiocchio”). The cases address a municipality’s standard of care for keeping a road in a reasonable state of repair. They involve similar facts, similar arguments, but reach opposite [...]

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