Cantech v. Canada
T-735-95
Rothstein J.
16/4/96
7 pp.
Action for interest of $56,520 due to delay in payment of $407,693 to plaintiff under Petroleum Incentives Program Act (PIP Act)-Plaintiff argues laws relating to pre-judgment interest in Alberta apply to proceedings against Crown under Crown Liability and Proceedings Act, s. 31(1)-Argues should calculate interest under Judgment Interest Act, s. 2(1)-Alternatively, plaintiff relies on Judicature Act, s. 15-Plaintiff's claim dismissed-Interest provisions of Crown Liability and Proceedings Act and Judgment Interest Act apply only when litigant obtains judgment for payment of money-No proceedings commenced and no judgment awarded in respect of $407,693-Nor can claim for interest be cause of action itself-Declaration by court that sum of $407,693 was amount properly owing would not serve purpose as Judgment Interest Act, s. 2(1) speaks in present tense-Declaration of debt owing in past not contemplated-In any event, granting of declaratory judgment in circumstances inappropriate-In action against Crown, Judicature Act may only be invoked when judgment delivered on or after February 1, 1992-Crown Liability and Proceedings Act, R.S.C., 1985, c. C-50, s. 31(1) (as am. by S.C. 1990, c. 8, s. 31)-Judgment Interest Act, S.A. 1984, c. J-0.5, s. 2(1)-Judicature Act, R.S.A. 1980, c. J-1, s. 15-Petroleum Incentives Program Act, R.S.C., 1985, c. P-13.