Currently, in Canada, the case law varies from province to province on whether or not interest incurred from a litigation loan can be recovered by a successful Plaintiff. With the Supreme Court of Canada recently denying leave to appeal from a British Columbia Court of Appeal decision on this issue, it will likely remain that way for now.
The New Brunswick Court of Appeal has concluded that interest incurred on a litigation loan is a proper disbursement under the relevant legislation in that province and can be recovered under a costs award. This decision is binding on all of the lower courts in that province. While it is not binding on courts in other provinces, it can be persuasive authority.
Nova Scotia has adopted and applied LeBlanc v. Doucet and has allowed the recovery of interest as a disbursement.
To date, the Ontario Court of Appeal has not weighed in directly on this issue, either way. Therefore, it is unclear where the courts stand on this issue in Ontario; however, a recent lower court decision shows a movement closer to British Columbia’s stance of non-recovery rather than New Brunswick’s.
Like Ontario, the Alberta Court of Appeal has not weighed in on this issue. The reported lower court show a reluctance to award interest as a disbursement where the facts do not justify it.
While there are previous decisions in British Columbia which awarded interest on litigation loans as a disbursement, they are no longer “good” law after the recent British Columbia Court of Appeal decision in Mackenzie v. Rogalsky which reflects the law as it currently stands in that province:
There are no relevant reported decisions in Manitoba, Quebec, PEI, Newfoundland, Northwest Territories, Nunavut, or the Yukon on this topic.
Other Provinces & Territories Read More »
Finding a good, experienced lawyer who can provide the best possible legal representation and get you fair compensation is far from easy. A personal injury lawyer should be an expert in all aspects of tort and insurance law and be able to negotiate an out of court settlement or represent you in the court as a trial lawyer if the need arises. Not all lawyers are experienced at both; therefore, you must choose your lawyer carefully. Here are a few things you can do to find a personal injury lawyer in Toronto:
What to look for in a personal injury layer Read More »
In case you are injured in an auto accident in Ontario, you should know what benefits you can claim from your insurance company. Ontario’s auto insurance policy is very specific about the benefits that should be provided by insurance companies to persons involved in a motor vehicle accident if they have suffered injuries as a result of the accident. These benefits are defined by the Statutory Accident Benefits Schedule (SABS) under the province’s Insurance Act. You have the right to claim the benefits regardless of whether you are at fault or not. Beside the standard benefits, you also have the option to purchase additional benefits to protect yourself, your spouse and children in case of personal injury. At the time of making the claim, you should know the coverage provided by both standard and additional benefits. The different types of benefits you might be able to claim are:
What does insurance in Ontario cover for auto accidents? Read More »
A personal injury lawyer is a lawyer who legally represents a person who has been or claims to have been physically or psychologically injured as result of wrongdoing or negligence by another person, a group of people, a company, a government agency or any other entity. He or she is knowledgeable and experienced in the branch of law known as tort law, which deals with civil wrongs and damages caused to a person’s property, reputation or rights. This law covers work-related injuries, motor vehicle accidents, slip and fall accidents, medical mistakes and injuries caused due to defective products. More often than not, where appropriate, a personal injury lawyer works towards an out of court settlement rather than going for a trial. This minimizes the expenses, mental distress and disruptions to daily life and work that the latter may cause. But if push comes to shove, he or she will go to trial. It is not mandatory to hire a personal injury lawyer, but hiring one can help ensure that you will receive compensation in a just and fair manner.
Why you need a personal injury lawyer Read More »
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