December 18 – Pre-Judgment Interest

The granting of PJI is discretionary. This court confirmed in Burgess v. Burgess(1995), 1995 CanLII 8950 (ON CA)24 O.R. (3d) 547 (C.A.) at 552, that PJI is discretionary and may not be awarded where “the payor spouse cannot realize on the asset giving rise to the equalization payment until after the trial, does not have the use of it prior to trial [and] the asset generates no income”

Fielding v. Fielding, 2015 ONCA 901 at 43