Proclamation Date for Amendment To Prejudgment Interest Rate

 
Bulletin
No. A-15/14
Property & Casualty
– Auto
 
To all insurance companies licensed to transact auto insurance in Ontario
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This Bulletin highlights an Order in Council that proclaims the effective date of section 12 of Schedule 3 to Bill 15, Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014 (the Act).

 

Order in Council 1617/2014 directs the issuance of a proclamation with respect to the Act. The proclamation, issued on December 10, 2014, named January 1, 2015 as the day on which section 12 of Schedule 3 to the Act would come into force.
 
The result of this amendment is the alignment of the prejudgment interest rate used in calculating court awards for non-pecuniary losses made under a motor vehicle liability policy with the rate determined under the Courts of Justice Act, as it may be revised from time to time.  The current interest rate is 1.3 per cent. 
 

Effect of the Proclamation Order:

 
The following part of the Act comes into force on January 1, 2015:
 
  • Schedule 3, section 12 amends section 258.3 of the Insurance Act by adding a new subsection 8.1 which states:
    • Subsection 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 referred to in subsection (8).
The proclamation order is expected to be published in a forthcoming edition of The Ontario Gazette.
 

More Information

  
You are encouraged to visit the FSCO website at www.fsco.gov.on.ca for additional regulatory updates.
 
 
Brian Mills
Chief Executive Officer and
Superintendent of Financial Services
 
December 15, 2014


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