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The court set aside non-variation clauses in a child support consent order, limited retroactivity to June 2020, adjusted support for an adult child, and ordered interest only from certification.
Supplementary reasons on a summary judgment debt claim fixed pre-judgment interest, rejected contempt allegations, and awarded judgment of $418,485.34 plus costs.
Prejudgment interest is included in the amount involved for calculating Tariff A; punitive damages are excluded from that calculation; the appropriate Tariff A Scale 2 basic amount for the monetary judgment and included interest is $12,250 which is increased by $6,000 due to QDS's unreasonable settlement position, yielding $18,250; adding $2,000 for one day of trial, prejudgment interest, agreed disbursements and $500 costs in the cause results in a total award of $29,936.56 in favour of Gold.
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Supplementary reasons on costs and interest: special costs were refused, but increased costs and double costs were awarded, and interest on punitive damages was limited.
The court awarded pre-judgment interest and tax gross-up on family compensation damages, accepting the expert assumptions and using the interest-only portfolio method.
The adjudicator must treat limitation as part of the merits inquiry under s.23(1); the claim was discovered on August 6, 2018 (invoice) and was filed more than two years later (August 7, 2020), so it was statute-barred and quick judgment could not be granted, therefore the claim is dismissed.
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The court accepted Allterrain's evidence that the parties agreed to contractual interest at 2.5% per month compounded, awarded contractual interest from December 21, 2016 for 3.5 years in the amount of $12,748.01, declined to award the 10% per month claim, declined to increase costs for an offer made five days before trial because Rule 10.09 requires the offer at least seven days before trial, applied Tariff A and daily trial allowances, limited lien-related costs to 25% under s.41 of the Builders' Lien Act, and awarded total costs and disbursements to Allterrain of $25,892.49, resulting in G…
Source excerpt
The court fixed prejudgment interest, held post-judgment interest runs from the date of this judgment, and ordered each party to bear its own costs.
On costs after judgment, the court held Rule 14-1(10) barred tariff costs to the plaintiff because the claim was not objectively justified in Supreme Court.
The court denied pre-judgment interest on special costs but held post-judgment interest accrues from pronouncement under the Court Order Interest Act.
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