NOTE ON AVERAGING
Since 2019, many non-auto personal
injury cases have since adopted the averaging approach, whereby the PJI rate
is based on the average of the PJI rates that prevailed since the claim was
started (See, for example, MacLeod v. Marshall, 2019 ONCA 842, Aubin v Synagogue
and Jewish Community Centre of Ottawa, 2023 ONSC
3926, at paras. 33 – 35, 46; Henry v. Zaitlen, 2022 ONSC 7259, at paras.14 – 29; Rathan
et al. v Scheufler et al., 2023 ONSC 3232, at
paras. 445-446, Kotorashvili v. Lee, 2024 ONSC 1495, at para 148.
Up to now, the "averaging" methodology has only been applied to
non-auto personal injury cases: it has yet to be seen whether the courts will
apply the averaging method to automobile related cases. Indeed, given the right circumstances, the
"average" rate could be less than the rate prevailing on the day
the claim was started, and in those situations it will be interesting to see
what the courts will do. This
calculator provides the average rate results for automobile cases just in
case a litigant wishes to make the argument that the average PJI rate should
be used in an automobile BI Claim.
|