Brown v. Newton

Brown v. Newton

The claimant is entitled to the claimed filing fee ($174.13) and to simple pre-judgment interest on the judgment principal $6,199.84 at 4% per annum for three years from November 2, 2004 to November 2, 2007 (total interest $743.98). The full period from cause of action to judgment was not awarded because of claimant...

Source-derived case information.

Citation
2010 NSSM 33
Parties
Claimant: Thomas K. Brown; Defendant: Walter O. Newton, Q.C.
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
21 April 2010
Procedural Posture
Small Claims Court Claim / Supplementary Decision on Interest and Costs Following Judgment
Outcome
Supplementary order awarding costs and pre-judgment interest to Claimant; existing judgment for $6,199.84 remains and Defendant ordered to pay additional $918.11 for interest and costs.
Legal Topics
Pre Judgment Interest, Award of Costs, Limitation and Delay, Fee Recovery, Judgment Interest Rate
Source Language
english
Civil Procedure Costs and Interest Contract Professional Negligence Pre Judgment Interest Award of Costs Limitation and Delay Fee Recovery +1 more

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Parties

Thomas K. Brown

Claimant

Walter O. Newton, Q.C.

Defendant

Procedural Posture

Small Claims Court Claim / Supplementary Decision on Interest and Costs Following Judgment

Legal Issues

  1. 1 Whether claimant is entitled to costs (filing fee)
  2. 2 Whether claimant is entitled to pre-judgment interest
  3. 3 Appropriate accrual period for pre-judgment interest given delay

Ratio Decidendi

The claimant is entitled to the claimed filing fee ($174.13) and to simple pre-judgment interest on the judgment principal $6,199.84 at 4% per annum for three years from November 2, 2004 to November 2, 2007 (total interest $743.98). The full period from cause of action to judgment was not awarded because of claimant delay; one year was too short but three years is appropriate given Small Claims objectives and case law. The Barristers' Society complaint did not bar concurrent civil remedies.

Court Disposition

Supplementary order awarding costs and pre-judgment interest to Claimant; existing judgment for $6,199.84 remains and Defendant ordered to pay additional $918.11 for interest and costs.

Orders

  • Defendant shall pay Claimant costs in the sum of $174.13 (filing fee).
  • Defendant shall pay Claimant simple pre-judgment interest on $6,199.84 at 4% per annum for three years (Nov 2, 2004 to Nov 2, 2007) in the sum of $743.98.