30 Jun 2023
Aubin v Synagogue and Jewish Community Centre of Ottawa
In the case of Aubin v Synagogue and Jewish Community Centre of Ottawa, dated June 30, 2023, the defendant, Synagogue and Jewish Community Centre of Ottawa, brought a motion seeking an order to set the prejudgment interest rate on non-pecuniary damages awarded to the plaintiffs Doris Aubin and Aimee Zweig by a jury on November 18, 2022. The defendant argued that the rate should be 1.3 per cent instead of the prescribed rate of five per cent for prejudgment interest on non-pecuniary damages in personal injury actions.
The plaintiffs brought a cross-motion, requesting prejudgment interest on their awards for both non-pecuniary and past pecuniary damages to be set at 8.46 per cent. They argued that this rate would reflect the true time value of the awards based on their investment portfolios' weighted average return.
In conclusion, the court granted the defendant's motion and awarded prejudgment interest on the jury's non-pecuniary damages at a rate of 1.3 per cent and on past pecuniary damages at the default rate of 0.8 per cent. The court also provided guidance on the costs of the motion and cross-motion if the parties were unable to agree. No specific amount provided in the case regarding financial award.