June 26, 2019 – Pre-Judgment Interest Rates

“Pursuant to s. 130 of the CJA, the court has the discretion to make an order for interest at a rate other than as prescribed by s. 128 (pre-judgment) or s. 129 (post-judgment).  However, the manner in which that discretion is exercised is mandated by s. 130(2) of the CJA.  That subsection provides that “the court shall take into account” six specific factors (ss.130(2)(a)-(f)).  Those factors include:

a)  Changes in market interest rates;

b)  The circumstances of the case;

e)  The amount claimed and the amount recovered in the proceeding; [and]

f)  The conduct of any party that tended to shorten or lengthen unnecessarily the duration of the proceeding.”

         Pitre v. Lalande, 2018 ONSC 3985 (CanLII) at 16