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Registrar assessment of family costs, special costs, and COIA interest in a child support dispute, with reductions to claimed special costs and certification of interest.
The conduct of the parties established that Colwell was a co-beneficiary and contracting party with Bennett for the services; therefore both defendants are jointly and severally liable for the unpaid invoice, claimant is entitled to simple prejudgment interest under the Small Claims Court Regulations at 4% and to costs; the 2% per month invoice clause is unenforceable under the Interest Act.
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The court held that post-judgment interest under the COIA accrued on a reduced family-law compensation award from the date of the original order, despite a stay agreement and later consent variation.
The court held that a consent stay agreement required judgment funds to remain in trust and that post-judgment interest ran for the full period.
The Court set aside the trial judge's dismissal and held that the Archdiocese is vicariously liable for the sexual assaults committed by the Brothers at Mount Cashel because the total relationship was sufficiently close and the Brothers' tasks were sufficiently connected to the abuse; the Court upheld the judge's findings that Monsignor Ryan was not shown to have breached a duty or fiduciary obligation and that the Archdiocese was not directly negligent; on cross-appeal the Court upheld damages assessments except that pre-judgment interest on economic loss must be recalculated and was awarded…
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The court reduced a costs bill in a foreclosure-related dispute, finding the petitioners should have used the existing foreclosure proceeding instead of starting a separate petition.
The Court upheld the trial judge's factual findings on causation and non-pecuniary damages as not palpably erroneous and applied the robust and pragmatic approach to infer a T1 tumour in October 1999, but found legal error in applying the balance of probabilities to a hypothetical earnings scenario (Sept 2001 to trial) and adjusted past and future loss of earning capacity accordingly; the trial judge's application of the Judgment Interest Act was upheld.
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The court fixed prejudgment interest on punitive damages under the Court Order Interest Act, awarding 3% per annum from June 2, 1974 to June 25, 2008.
The court held that pre-trial benefits exceeded the jury’s past income loss award, so no prejudgment interest was payable, and it denied the defendants costs under Rule 37/37B.
For purposes of s.41(i) of the Judicature Act a cause of action in respect of a lawyer's account arises only when the account has been assessed and certified as reasonable by taxation; absent an express or provable implied agreement the adjudicator cannot award pre-certification prejudgment interest, and therefore the law firm's claim for interest prior to certification must be dismissed.
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