Pisani v. Blanchet
The trial judge correctly calculated prejudgment interest on past loss of income from the date the loss began immediately after the accident in accordance with the Courts of Justice Act and correctly handled the deduction of no-fault benefits; the judge was not required to adopt the appellants' interpretation of a...
Source-derived case information.
- Citation
- C29086
- Parties
- Plaintiff/respondent: Cosimo Pisani; Defendant/appellant: Severe Blanchet; Defendant/appellant: Daniel Mauzeroll; Defendant/appellant: Filippo Sabatino
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 31 August 2001
- Procedural Posture
- Civil / Appeal From Trial Judgment (court of Appeal Endorsement)
- Outcome
- Appeal dismissed with costs.
- Legal Topics
- Prejudgment Interest, Loss of Income, No Fault Benefits Deduction, Appeal Standard of Review, Jury Findings
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cosimo Pisani
Plaintiff/respondent
Severe Blanchet
Defendant/appellant
Daniel Mauzeroll
Defendant/appellant
Filippo Sabatino
Defendant/appellant
Procedural Posture
Civil / Appeal From Trial Judgment (court of Appeal Endorsement)
Legal Issues
- 1 Whether prejudgment interest on past loss of income accrues from the date of the accident or from a later date (1.5 years later)
- 2 Whether the trial judge was required to reconcile her findings with the appellants' interpretation of a jury discussion on a related matter
- 3 Whether the deduction of no-fault benefits and the resulting prejudgment interest calculation by the trial judge was correct
Ratio Decidendi
The trial judge correctly calculated prejudgment interest on past loss of income from the date the loss began immediately after the accident in accordance with the Courts of Justice Act and correctly handled the deduction of no-fault benefits; the judge was not required to adopt the appellants' interpretation of a jury discussion and the Court of Appeal will not disturb those determinations.
Court Disposition
Appeal dismissed with costs.
Orders
- Appeal dismissed with costs.
Full Case Text
Judgment text and source record
1 paragraphs
Pisani v. Blanchet Collection Decisions of the Court of Appeal Date 2001-08-31 Docket numbers C29086 Judges Osborne, Coulter Arthur Anthony; Finlayson, George Duncan; Weiler, Karen Merle Magnuson Subject Civil Decision Content DATE: 20010831 DOCKET: C29086 COURT OF APPEAL FOR ONTARIO RE: COSIMO PISANI (Plaintiff/Respondent) –and– SEVERE BLANCHET, DANIEL MAUZEROLL and FILIPPO SABATINO (Defendants/Appellants) BEFORE: OSBORNE A.C.J.O., FINLAYSON and WEILER JJ.A. COUNSEL: Vernol I. Rogers, for the appellants Blanchet and Mauzeroll Donald C. DeLorenzo, for the appellant Sabatino William C. Wolfe, for the respondent HEARD: August 27, 2001 RELEASED ORALLY: August 27, 2001 On appeal from the judgment of Justice Mary Anne Sanderson dated January 16, 1998. ENDORSEMENT [1] The trial judge calculated prejudgment interest on the respondent’s past loss of income on a periodic basis as required by the Courts of Justice Act, R.S.O. 1990, c. C.43 as amended. She held that the past loss of income began to accrue immediately following the accident, and not 1.5 years later, a position that is legally and logically consistent with the facts and verdict. [2] Contrary to the submissions of the appellants, she was not required to attempt to make findings consistent with the appellants’ interpretation of the finding of the jury on a related but not identical matter upon which there was an extended discussion between the trial judge and jury. [3] We are not prepared to interfere with the trial judge’s treatment of the deduction of no-fault benefits and the resulting calculation of prejudgment interest. [4] Accordingly, the appeal is dismissed with costs. Signed: “C.A. Osborne A.C.J.O.” “G.D. Finlayson J.A.” “K.M. Weiler J.A.”