Clarity On Quantum Of The Statutory Deductible And Pre-Judgment Interest?

Vickers v. Palacious, 2015 ONSC 7647, December 8, 2015, James, J.

In this case, the Justice James was asked to address threshold, pre-judgment interest and the quantum of the statutory deductible. The plaintiff was a cyclist that was struck in the back by a mirror from a vehicle that passed her long before the amendments to the deductible and interest rates were enacted.

The quantum of the statutory deductible, the defence argued, was that the indexed quantum introduced on August 1, 2015 ($36,540) was appropriate. The plaintiff argued otherwise stating that it is a matter of substantive rather than procedural law and therefore it could not be applied to accidents that occurred prior to its introduction.