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ARTICLE · 30 NOVEMBER 2015

Court Rules That The Increase In Deductibles Is Not Retrospective

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In less than one year, the provincial government has twice changed the rules for calculating damages for victims of motor vehicle accidents.

CanadaInsurance
Blaney McMurtry LLP
Blaney McMurtry LLP
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In less than one year, the provincial government has twice changed the rules for calculating damages for victims of motor vehicle accidents. Both times, it failed to clearly state when the new rules are to take effect.

Effective January 1, 2015, the Insurance Act was amended and outlined a new rule for the calculation of pre-judgment interest on general damages. That rule contained no clear transitional language. As a result, it is unclear whether the new rule applies to existing actions, new actions or only to claims arising from accidents which occurred on or after January 1, 2015. Clear transitional language could have made the legislature's intentions clear. This lack of clarity has led to at least three conflicting decisions and confusion for the personal injury bar.

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