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Conflicting decisions on which prejudgment interest rate applies to non-pecuniary damages in motor vehicle cases that occurred before 2015 have created a “stumbling block” when it comes to discussing settlements with opposing counsel, Toronto personal injury lawyer Emily Casey tells Law Times.The legal publication says that in recent months, Ontario courts have come down on either side of the issue of prejudgment interest following changes in legislation that replaced the former rate of five per cent with the lower current bank rate. “The issue stems from an amendment on Jan. 1, 2015, that changed the amount of...
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