(2) Despite subsection (1), the rate of
interest on damages for non-pecuniary loss
in an
action for
personal injury shall be the rate determined by the rules of court made under clause 66 (2)(w).
Section 127 of the Courts of Justice Act defines «the prejudgment
interest rate» as «the bank rate at the end of the first day of the last month of the quarter preceding the quarter
in which the proceeding was commenced».11 Nevertheless, the court examined s. 128 (1) and (2) of the Courts of Justice Act and described that prejudgment
interest has two default rules: one for non-pecuniary loss
in personal injury actions, and another for all other awards where prejudgment
interest is available.