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ARTICLE · 14 MAY 2025

Jackson v Cooper – Alberta Court Of Appeal Issues Decision On Pre-Judgment Interest

Parlee McLaws LLP
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Insights from the Case: Jackson v Cooper, 2024 ABCA 272 and, section 585.2(2) of the Insurance Act, RSA 2000, c I-3 (ABCA upheld Trial Decision)

CanadaLitigation, Mediation & Arbitration
Iain Walker
Iain Walker

Insights from the Case: Jackson v Cooper, 2024 ABCA 272 and, section 585.2(2) of the Insurance Act, RSA 2000, c I-3 (ABCA upheld Trial Decision)

Background & Trial Decision

The Insurance (Enhancing Driver Affordability and Care) Amendment Act, 2020, SA 2020, c 36 [Insurance Amendment Act] came into force on December 9, 2020 and had the effect of, among other things, reducing the rate of interest a plaintiff was entitled to in respect of general (or non-pecuniary) damages for pain and suffering resulting from injuries suffered in a motor vehicle accident. Prior to this legislation coming into force pre-judgment interest for general damages was calculated at a higher rate than for pecuniary damages which are intended to reimburse a plaintiff for monetary losses for things like lost wages or out of pocket expenses.

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