The Ontario Court of Appeal decisions of Cobb v. Long Estate 2017 ONCA 717 and El-Khodr v. Lackie 2017 ONCA 716 now provide clarification on the application of the amendment to the rate of pre-judgment interest in s.258.3(8.1) of the Insurance Act which came in to force on January 1, 2015. The amendment effectively provides that the rate established through s.128(2) of the Courts of Justice Act does not apply to claims for non-pecuniary damages arising from a car accident.
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