Norberg v. Wynrib
- Citation
- [1992] 2 SCR 318
- Status
- Judgment
- Jurisdiction
- Canada
- Court
- Supreme Court of Canada
- Decision
- 24 September 1992
- Posture
- Civil Appeal / Re Hearing on the Issue of Interest Following Judgment
- Language
- English
More details
- Court
- Supreme Court of Canada
- Decision
- 24 September 1992
- Posture
- Civil Appeal / Re Hearing on the Issue of Interest Following Judgment
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Court allowed the re-hearing application and ordered interest of $15,017.48 on the aggravated damages award, calculated at Registrar's rates from June 30, 1984 to June 18, 1992, and held that no interest was to be paid on the punitive damages award.
Court disposition
Application for re‑hearing on issue of interest allowed; interest awarded on aggravated damages; no interest on punitive damages.
Orders
- Interest in the amount of $15,017.48 awarded to the appellant, representing interest at Registrar's rates on the award of aggravated damages from June 30, 1984 to June 18, 1992.
- No interest awarded on the punitive damages award.
02
Material facts
Parties
Laura Norberg
Appellant Counsel: David K. WilsonMorris Wynrib
Respondent Counsel: Epstein, Wood, Logie, Wexler & MaerovWomen's Legal Education and Action Committee
IntervenerAmounts and remedies
- Interest Award: CAD 15,017.48
03
Procedural history
Posture
Civil Appeal / Re Hearing on the Issue of Interest Following Judgment
04
Questions and positions
Legal issues
- 01
Whether interest should be awarded on the aggravated damages award
- 02
Whether interest should be awarded on the punitive damages award
- 03
Appropriate date and rate for calculating interest
Party arguments
- Applicant
- Appellant sought interest on the award of aggravated damages from the mid-point of the assaults (June 30, 1984) to the date of judgment at Registrar's rates, and sought a determination on interest following the Court's earlier judgment.
- Respondent
- Respondent agreed to the award of interest on aggravated damages in the amount ultimately calculated and agreed that no interest should be payable on the punitive damages award.
05
Court’s reasoning
Legal principles
- 01
Common law principle applied by the Supreme Court of Canada
Interest may be awarded on damages to compensate for loss of use of money and may be calculated from a date appropriate to the tort (including mid-point of a continuing wrong)
- 02
Procedural practice and parties' agreement approved by the Court
Court may allocate interest differently between heads of damages and, by agreement of parties, decline to award interest on punitive damages
06
Ratio, limits and disposition
Ratio decidendi
The Court allowed the re-hearing application and ordered interest of $15,017.48 on the aggravated damages award, calculated at Registrar's rates from June 30, 1984 to June 18, 1992, and held that no interest was to be paid on the punitive damages award.
Court disposition
Application for re‑hearing on issue of interest allowed; interest awarded on aggravated damages; no interest on punitive damages.
- Interest in the amount of $15,017.48 awarded to the appellant, representing interest at Registrar's rates on the award of aggravated damages from June 30, 1984 to June 18, 1992.
- No interest awarded on the punitive damages award.
Source and reliance status
Supreme Court of Canada · 24 September 1992
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Supreme Court of Canada
Judgment· 24 September 1992
Norberg v. Wynrib Collection Supreme Court Judgments Date 1992-09-24 Report [1992] 2 SCR 318 Case number 21924 Judges La Forest, Gérard V.; L'Heureux-Dubé, Claire; Sopinka, John; Gonthier, Charles Doherty; Cory, Peter deCarteret; McLachlin, Beverley On appeal from British Columbia Subjects Action Notes SCC Case Information: 21924 Decision Content Norberg v. Wynrib, [1992] 2 S.C.R. 318 Laura Norberg Appellant v. Morris Wynrib Respondent ‑ and ‑ Women's Legal Education and Action Committee Intervener Indexed as: Norberg v. Wynrib File No.: 21924. 1992: September 24. Present: La Forest, L'Heureux‑Dubé, Sopinka, Gonthier, Cory and McLachlin JJ.* re‑hearing on the issue of interest Judgment ‑‑ Interest ‑‑ Judgment not addressing issue of interest on award of aggravated damages for sexual assaults ‑‑ Re‑hearing as to interest. David K. Wilson, for the appellant. //The Court// The following is the judgment delivered by The Court ‑- Pursuant to the agreement of the parties, an order will go that interest in the amount of $15,017.48 be awarded to the appellant, a figure representing interest at Registrar's rates on the award of aggravated damages from the mid-point of the assaults, June 30, 1984, to the date of judgment, June 18, 1992. Pursuant to the same agreement, there shall be no interest on the award of punitive damages. APPLICATION FOR RE‑HEARING on the issue of interest following judgment rendered by this Court, [1992] 2 S.C.R.
000. Application allowed. Application allowed. Solicitors for the appellant: Ladner Downs, Vancouver. Solicitors for the respondent: Epstein, Wood, Logie, Wexler & Maerov, Vancouver. *Stevenson J. sat on the appeal but resigned from the Court on June 5, 1992 and took no part in the judgment.
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