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Client Update: Automobile Tort Recovery Limitations Regulations Repealed

As of August 1, 2015, section 4 of the Nova Scotia Automobile Tort Recovery Limitations Regulations was repealed. This section previously set the discount rate for future losses in automobile tort claims at 3.5%.

The repeal was publicized in a bulletin that stated “it was determined that the rationale for the discount rate set in insurance regulation was no longer relevant and that it should be repealed”.

There is no indication at this time that a new regulation will be passed setting a new discount rate.

It is unclear whether the discount rate of 3.5% will continue to apply to accidents that occurred prior to the August 1, 2015 repeal of the regulation.

Certainly, for accidents occurring after August 1, 2015, discount rates will have to be determined using either Civil Procedure Rule 70.06, which prescribes a discount rate of 2.5%, or by using actuarial evidence in any given case.

Further information on this amendment can be found at the websites below, or by contacting the insurance defence partners of Stewart McKelvey:

The Office of the Superintendent of Insurance Bulletin

Order in Council Details

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