Canada Judgment

Supreme Court of Canada

Norberg v. Wynrib

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Source document

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. Wilson

Morris Wynrib

Respondent Counsel: Epstein, Wood, Logie, Wexler & Maerov

Women's Legal Education and Action Committee

Intervener

Amounts and remedies

  • Interest Award: CAD 15,017.48

03

Procedural history

  1. Posture

    Civil Appeal / Re Hearing on the Issue of Interest Following Judgment

04

Questions and positions

Legal issues

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

  1. 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)

  2. 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

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Judgment reading view

Judgment text

The complete available source text.

Source document

Supreme Court of Canada

Judgment· 24 September 1992

[1992] 2 SCR 318

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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