El-Khodr v Lackie, 2015 ONSC 4766 (CanLII), http://canlii.ca/t/gkfmv COURT FILE NO.: 09-CV-43686 DATE: 20150728
[17] On January 1, 2015, the Insurance Act was amended through the inclusion of a new provision, s. 258.3(8.1), which provides that “[s]ubsection 128 (2) of the Courts of Justice Act does not apply in respect of the calculation of prejudgment interest for damages for non-pecuniary loss” in an action for loss or damage from bodily injury or death arising directly or indirectly from the use or operation of an automobile. Thus, the 5% interest rate under Rule 53.10no longer applies to amounts awarded for non-pecuniary damages for bodily injury or death caused by motor vehicle accidents. Rather, prejudgment interest for such amounts would be calculated the “usual” way pursuant to s. 127(1) of the CJA, i.e., the bank rate.
[18] Section 52(4) of the Legislation Act, 2006, S.O. 2006, c. 21, Sch. F, codifies the common law presumption that procedural legislation applies immediately, not only to future proceedings, but to on-going or pending proceedings that relate to events that took place prior to the amendments.
52(4) The procedure established by the new or amended Act or regulation shall be followed, with necessary modifications, in proceedings in relation to matters that happened before the replacement or amendment.