Baud Corporation, N.V. v. Brook

Baud Corporation, N.V. v. Brook

The Court exercised its discretion under s.52 of the Supreme Court Act to limit pre-judgment interest to the $250,000 awarded at trial from April 22, 1971 to October 3, 1978, because the plaintiff/appellant had primary control and contributed materially to delay which in part increased its ultimate recovery; interest on the total award of $812,500 accrues at 5% per annum only from October 3, 1978.

Citation
[1979] 1 SCR 677
Parties
Plaintiff Appellant: Baud Corporation, N.V.; Defendant Respondent: Thomas L. Brook
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
6 February 1979
Procedural Posture
Action (appeal) / Application to Vary Supreme Court Judgment (rule 61) Post Judgment
Outcome
Judgment varied: interest at 5% per annum to be computed on $250,000 from April 22, 1971 to October 3, 1978; thereafter interest at 5% per annum on the full award of $812,500.
Legal Topics
Interest on Judgment, Discretion Under S.52 Supreme Court Act, Computation of Interest, Variation of Judgment, Supreme Court Rule 61
Source Language
English
Civil Procedure Appeal Damages Interest Law Interest on Judgment Discretion Under S.52 Supreme Court Act Computation of Interest Variation of Judgment +1 more

Case Brief

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Parties

Baud Corporation, N.V.

Plaintiff Appellant

Thomas L. Brook

Defendant Respondent

Procedural Posture

Action (appeal) / Application to Vary Supreme Court Judgment (rule 61) Post Judgment

Legal Issues

  1. 1 Whether interest should run on the increased portion of damages from the date of the trial judgment (April 22, 1971) or from the date of this Court's judgment (October 3, 1978)
  2. 2 Whether the Court should exercise its discretion under s.52 of the Supreme Court Act to limit interest accrual
  3. 3 Interpretation and application of s.52 of the Supreme Court Act and ss.13-14 of the Interest Act

Ratio Decidendi

The Court exercised its discretion under s.52 of the Supreme Court Act to limit pre-judgment interest to the $250,000 awarded at trial from April 22, 1971 to October 3, 1978, because the plaintiff/appellant had primary control and contributed materially to delay which in part increased its ultimate recovery; interest on the total award of $812,500 accrues at 5% per annum only from October 3, 1978.

Court Disposition

Judgment varied: interest at 5% per annum to be computed on $250,000 from April 22, 1971 to October 3, 1978; thereafter interest at 5% per annum on the full award of $812,500.

Orders

  • Interest at 5% per annum on $250,000 from April 22, 1971 to October 3, 1978
  • Interest at 5% per annum on $812,500 from October 3, 1978