2017: A Year In Review And A Look Ahead

As 2017 comes to a close, it is a good time to take a look back at changes and developments in the law that will affect how adjusters handle claims going forward.

In one of the year's most anticipated decision, the Court of Appeal for Ontario has now ruled on the application of the rate of pre-judgment interest for general damages claims arising from an MVA. In the case of Cobb v. Long Estate, 2017 ONCA 717, heard together with El-Khodr v. Lackie, 2017 ONCA 716, the Court concluded that the 1.3% rate of pre-judgment interest found in the Courts of Justice Act is to be applied immediately to both pending and future claims. However, the Court upheld the trial judge's earlier ruling that a rate of 3.0% applied on the basis there was no reason to interfere with the trial judge's discretion in that regard. Moving forward, defendants may use the Courts of Justice Act rate when calculating pre-judgment interest, bearing in mind that it is subject to a trial judge's