[14] An important issue arises in this case as to whether the statutory deductables of $30,000 applicable to general damages when this accident occurred in December of 2009 should apply to this jury verdict. Effective August 1st 2015, the regulations under Ontario’s Insurance Act were amended to provide for an increase in the deductible to $36,540, which was to apply “until December 31, 2015”, with the amount to be revised annually thereafter according to a prescribed formula. The new section 5.1(1) of O. Reg. 461/96 provides as follows:
Deductible Amounts
4.1 (1) For the purpose of sub-subparagraph 3 i B of subsection 267.5 (7) of the Act, the prescribed amount is the amount determined in accordance with the following rules:
1. Until December 31, 2015, the prescribed amount is $36,540.
2. On January 1, 2016, the prescribed amount set out in paragraph 1 shall be revised by adjusting the amount by the indexation percentage published under subsection 268.1 (1) of the Act for that year.
3. On January 1 in every year after 2016, the prescribed amount that applied for the previous year shall be revised by adjusting the amount by the indexation percentage published under subsection 268.1 (1) of the Act for the year. O. Reg. 221/15, s. 2.
[19] Applying the new statutory deductible of $36,540 to the jury verdict of $33,000 for general damages results in a nil recovery. Similarly, the new statutory deductible for FLA damages (as would the previous deductible), reduces the FLA award for the husband and children to a nil recovery.
Notice
[20] An issue arises in this case as to whether interest on the damages awarded (agreed to be 1.37%) should run from August 25, 2011, when the Defendant was served with a notice letter or from a later date when the Defendant eventually notified his insurer. I accept that the date of notice to the Defendant governs and interest runs therefrom to the date of the jury verdict (1574 days in this case).
Set-Offs
[21] The parties have agreed that the jury awards for past housekeeping and for past caregiving must be reduced by the amount of statutory accident benefits received by the Plaintiff for those matters. The deductions have been agreed upon. The net award for past housekeeping is $13,196.63 and interest (running from the notice letter) is $731.82. Similarly, the net award for past caregiving is $8,875 plus interest of $492.16. As noted, the rate of interest is 1.37%.
[22] In summary, judgment will issue for the Plaintiff for the sum of $56,294.98 inclusive of interest which is comprised of: past housekeeping $13,927.82; past caregiving $9,367.16; future housekeeping $21,000; and future caregiving $12,000.