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No PJI for Loss of Competitive Advantage

Monday, February 11, 2008

The Court of Appeal in Cerilli v. The City of Ottawa accepted the Defendant/Appellants view on appeal that pre-judgment interest would not apply to loss of competitive advantage.

The C.A., made reference to section 128(4) of the Courts of Justice Act that deals with pecuniary losses that occur after the date of the Order. The court stated, "the award for loss of competitive advantage looked entirely to the future." As a result, the award of $19,500 was set aside.

Click here for the entire decision

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