In summary, I order that
(1) The prejudgment interest to which the plaintiff is entitled
on the award of general non-pecuniary damages shall be
calculated at the rate of 1.3 per cent per year.
(2) The plaintiff shall assign to the defendant all of her rights
in respect of her claim for LTD benefits.
(3) The assignment shall remain in effect until the earlier of
when the plaintiff reaches age 65 or the full amount of the
damages paid towards loss of future income is exhausted.
(4) The plaintiff shall co-operate with the defendant or the
defendant’s insurer in any claim or proceeding brought by
the defendant or the defendant’s insurer with respect to
a payment assigned pursuant to paras. 2 and 3 above
(s. 267.8(12)(b) of the Act).
 The LTD benefits to which the plaintiff is entitled are
taxable. In the event the parties are unable to agree upon the
impact of the tax treatment of the LTD benefits in the context of
the assignment, they may make arrangements to appear before
me to make further submissions in that regard.
 In the event the parties are unable to agree upon the
costs of the motions with respect to prejudgment interest and
the assignment, they may make written submissions or they
may make submissions in the event they appear before me to
argue costs of the action in its entirety.
 Written submissions, if made, shall be made as follows:
(a) the submissions shall be limited to a maximum of four
pages, exclusive of a bill of costs;
(b) written submissions shall comply with Rule 4 of the Rules of
Civil Procedure, R.R.O. 1990, Reg. 194;
(c) hard copies of any case law or other authorities relied on
shall be provided with the submissions and shall comply
with Rule 4 of the Rules of Civil Procedure with respect to
(d) the submissions, the documents referred to therein, and case
law and other authorities shall be on single-sided pages;