Cobb v. Long Estate, 2017 ONCA 717

The Ontario Court of Appeal held that the January 1, 2015 amendment to s. 258.3(8.1) of the Insurance Act, which reduced the default rate of prejudgment intrest for non-pecuniary losses for bodily injury or death arising from the use or operation of an automible from five percent to the bank rate at the time the proceeding was commenced, became effective the day it came into force and applies to all initiated actions. The Court of Appeal found that the amendment to s.5.1(1) of the Court Proceedings for Automobile Accidents that Occur on or After November 1, 1996, O. Reg. 461/96, which increased the statutory deductible from $30,000.00 to $36,540.00, was intended to be retrospective and apply to all actions. The Court of Appeal also held that all IRBs and all payments in settlement of claims for IRBs received by a Plaintiff before trial were to be deducted from the total of all damages awarded at trial for past and future income loss arising from the same incident. Further, the Court of Appeal found that that tort defendant was also entitled to deduct housekeeping accident benefits from an award at trial for past and future housekeeping damages.