Category: Publications

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Ontario Court of Appeal clarifies pre-judgment interest on personal injury cases

By Kris Bonn Law360 Canada (September 27, 2024, 10:57 AM EDT) — Ever since the Ontario Court of Appeal released MacLeod v. Marshall, 2019 ONCA 842, judges of the Superior Court have struggled with the pre-judgment interest rate for non-motor vehicle collision personal injury cases. Two recent decisions from the Court of Appeal put an end to any question that the presumptive pre-judgment interest rate for non-pecuniary damages is five per cent. The same panel of Justice Lois Roberts, Justice

Desrochers v. McGinnis, 2024 ONCA 63: Expanding liability on owners of vehicles

By Kris Bonn On July 29, 2014, 24-year-old Megan Desrochers suffered a severe brain injury when the all- terrain vehicle (ATV) she was driving left the roadway and struck a tree. At the time of the collision, she was travelling on Young Road in Prince Edward County en route to the home of Grant and Catherine McGinnis. The collision occurred less than one kilometre from the McGinnis home. Patrick McGinnis, Grant and Catherine’s son and Megan’s boyfriend at the time,

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