(b) change the period over which interest is calculated; or
(c) disallow interest altogether.
 The recent decisions address whether the amendment has
retrospective effect and therefore applies to actions commenced
prior to January 1, 2015.
 The parties to this action agree that the issue of retrospective versus prospective effect of the amendment was settled by
the Ontario Court of Appeal in Cobb v. Long Estate,  O.J.
No. 4830, 2017 ONCA 717, 416 D.L.R. (4th) 222 and El-Khodr v.
Lackie (2017), 139 O.R. (3d) 659,  O.J. No. 4828, 2017
ONCA 716, 416 D.L.R. (4th) 189. It is more accurate to say that
the parties agree that the issue is settled for the moment. When
this motion was argued, the decision in El-Khodr, including with
respect to prejudgment interest, was the subject of an application for leave to appeal to the Supreme Court of Canada.
 In this matter, the post-trial appearance on the issues of
prejudgment interest and collateral benefits was adjourned
once — in anticipation of the decision of the Court of Appeal in
El-Khodr. The parties require finality in this matter; they
agreed to proceed with the post-verdict motions without waiting
for any potential further decision in El-Khodr on the issue of
b) Positions of the parties
 Pursuant to ss. 127 and 128(1) of the CJA, the prejudgment interest rate applicable to the non-pecuniary damages
awarded to the plaintiff is 1.3 per cent per year. The defendant’s position is that there is no basis for the court to exercise
its discretion pursuant to s. 130 of the CJA and award prejudgment interest at any other rate. The defendant submits
that the prejudgment interest to which the plaintiff is entitled
 The plaintiff argues that there are a number of factors in
this case to support a departure from the default rate (1.3 per
cent). The plaintiff asks the court to award prejudgment interest
calculated on the basis of
— a blended rate of 3.15 per cent for the entire period
— 5 per cent from December 3, 2012 to December 31, 2014 and
1.3 per cent from January 1, 2015 to the date of the jury’s