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ARTICLE · 22 SEPTEMBER 2017

2015 PJI And Higher Deductible Provisions Apply Retrospectively And More?

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The Court of Appeal released two decisions that hopefully put to bed the debate about the effect of legislative changes made in 2015.

CanadaLitigation, Mediation & Arbitration
Lisa Armstrong
Lisa Armstrong

The Court of Appeal released two decisions that hopefully put to bed the debate about the effect of legislative changes made in 2015. The court also addressed double recovery by plaintiffs, addressing the deductibility of SABS settlements and other collateral benefits from damage awards.

In Cobb v Long Estate and El-Khodr v. Lackie the court held:

  • That the amendment to the Insurance Act regarding the prejudgement interest rate applicable for non-pecuniary losses applies retrospectively to all actions tried after the amendment came into effect.
  • That the amendment to the Insurance Act indexing the deductible applies retrospectively to all actions tried after the amendment came into effect.

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