What is the appropriate rate of interest for prejudgment and postjudgment interest in a personal injury case?

5. In submissions the plaintiff sought a reduced rate of 18% for prejudgment and postjudgment interest. That was the commercial rate which was substituted for a criminal rate of interest by the trial judge and upheld on appeal, in Loans Till Payday v. Brereton, [2010] O.J. No. 5176 (Div. Ct.). Clearly the court’s broad remedial discretion could be exercised in that fashion. But on the other hand that result might appear less than satisfactory from a deterrence perspective.