Law360 Canada ( October 3, 2017, 8:41 AM EDT) -- Appeal by defendants from the award of damages. The respondent was catastrophically injured when the tow truck he was operating was rear-ended by the appellants’ vehicle. Following trial, the jury awarded the respondent damages totaling $2,931,006. The trial judge made the following rulings: prejudgment interest on the general damage award was to be calculated at 5 per cent (the rate that was in effect prior to January 1, 2015 when s. 258.3(8.1) of the Insurance Act was amended); the respondent was required to assign his future income replacement benefit from his statutory accident benefits (SABs) insurer only to the age of 60 and not thereafter; the jury was to treat the existence of the Ontario Drug Benefit Program, which would cover the cost of the respondent’s medication after the age of 65, as a “contingency” only rather than as a certainty; and there was to be no assignment to the appellant of any future payments to be made to the respondent by the SABs insurer in relation to medication and assistive devices, or professional services. These rulings comprised the subject matter of the appeal....