On September 9, 2022, the Alberta Court of King's Bench
released the decision in Jackson v Cooper, 2022 ABKB 609.
The Plaintiff in this matter sought damages for injuries suffered
in a motor vehicle accident on October 21, 2015. As part of the
relief sought, the Plaintiff requested a finding from the Court
with respect to the calculation of pre-judgment interest
("PJI") on any general damages
awarded.
The Insurance (Enhancing Driver Affordability and Care)
Amendment Act, 2020 SA 2020, c 36 ("Insurance
Amendment Act"), which came into force on
December 9, 2020, modified the calculation of pre-judgment interest
for motor vehicle accident claims by adding s 585.2(2) to the
Insurance Act, RSA 2000, c I-3 (the
"Insurance Act").
