C.M. v. N.L.

C.M. v. N.L.

Post-judgment interest under the Court Order Interest Act accrues by operation of law from the date of the original judgment unless an order or agreement expressly provides otherwise; an agreement to stay enforcement did not stop accrual here and the consent order merely varied the judgment rather than creating a...

Source-derived case information.

Citation
2022 BCSC 1533
Parties
Claimant: C.M.; Respondent: N.L.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
31 August 2022
Procedural Posture
Family Law Property Division (post Judgment Application) / In Chambers Application for Post Judgment Interest Following Consent Order/settlement
Outcome
Post-judgment interest awarded on the Reduced Amount from January 3, 2020; no order for costs.
Legal Topics
Post Judgment Interest, Stay of Execution, Consent Order Variation, Crystallization of Debt, Settlement Effect on Judgments
Source Language
english
Family Law Civil Procedure Enforcement of Judgments Statutory Interest Post Judgment Interest Stay of Execution Consent Order Variation Crystallization of Debt +1 more

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Parties

C.M.

Claimant

N.L.

Respondent

Procedural Posture

Family Law Property Division (post Judgment Application) / In Chambers Application for Post Judgment Interest Following Consent Order/settlement

Legal Issues

  1. 1 Whether post-judgment interest under the Court Order Interest Act accrues on the reduced settlement amount from the date of the original judgment
  2. 2 Whether an agreement to stay enforcement (stay of execution) stops accrual of post-judgment interest
  3. 3 Whether the consent order that varied the judgment 'crystallized' the amount owing only on the date of the consent order

Ratio Decidendi

Post-judgment interest under the Court Order Interest Act accrues by operation of law from the date of the original judgment unless an order or agreement expressly provides otherwise; an agreement to stay enforcement did not stop accrual here and the consent order merely varied the judgment rather than creating a new obligation, therefore post-judgment interest is payable on the Reduced Amount from January 3, 2020, taking into account interim payments (claimant's calculation $137,501.91 subject to registrar determination).

Court Disposition

Post-judgment interest awarded on the Reduced Amount from January 3, 2020; no order for costs.

Orders

  • Post-judgment interest under the Court Order Interest Act is payable on the Reduced Amount of $2,000,000 from January 3, 2020, to be calculated taking into account the respondent's interim payments.
  • If the parties dispute the claimant's interest calculation ($137,501.91), the dispute is to be determined by the registrar.