The plaintiff argues that she is prejudiced by any delay. Almost nine years have passed since her accident took place. Although she points to the annual increase in the deductible threshold and the deductible for non-pecuniary damages in the Insurance Act, the numbers will remain the same whether her action is tried in June of 2021 or December of 2021. Further, I agree with the observation of Rady J. at para. 24 of Pietsch v. Lyons, that these annual increases are matched or offset by an increase in the cap on non-pecuniary general damages. Although the plaintiff argues that she is prejudiced by the limit on pre-trial loss of income damages, she offered no evidence that, in her case, this limit translates into a quantifiable loss. The plaintiff’s case is also different from some of the decisions in which jury notices have been struck. For example, there was no evidence that the plaintiff is not continuing to receive accident benefits. The plaintiff’s case also is not one in which there had been one or more pre-pandemic adjournments of the trial date.
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