What is the current state of the law on interest in a personal injury action?

British Columbia, Canada


The following excerpt is from Wieser v. Pearson, 1979 CanLII 476 (BC SC):

The English Act as it now reads is [see Jefford v. Gee, supra, at pp. 1204-5]: The statutes The power of the court to award interest in these eases was contained originally in 3(1) of the Law Reform (Miscellaneous Provisions) Act 1934. It provided: “In any proceedings tried in any court of record for the recovery of any debt or damages, the court may, if it thinks fit, order that there shall be included in the sum for which judgment is given interest at such rate as it thinks fit on the whole or any part of the debt or damages for the whole or any part of the period between the date when the cause of action arose and the date of the judgment: Providing that nothing in this section—(a) shall authorise the giving of interest upon interest … . . . . . “(1A) Where in any such proceedings as are mentioned in subsection (1) of this section judgment is given for a sum which (apart from interest on damages) exceeds £200 and represents or includes damages in respect of personal injuries to the plaintiff or any other person … then (without prejudice to the exercise of the power conferred by that subsection in relation to any part of that sum which does not represent such damages) the court shall exercise that power so as to include in that sum interest on those damages or on such part of them as the court considers appropriate, unless the court is satisfied that there are special reasons why no interest should be given in respect of these damages. “(1B) Any order under this section may provide for interest to be calculated at different rates in respect of different parts of the period for which interest is given, whether that period is the whole or part of the period mentioned in subsection (1) of this section.”

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