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The Queen (Appellant)
v.
John Kenneth Eaton (Respondent)
Court of Appeal, Jackett C.J., Thurlow J. and Cameron D.J.—Ottawa, October 17, 1972.
Public Service—Collective agreement—Retroactive salary not paid within statutory time limit—Right to damages—No right to recover interest on money borrowed because of delay —Right to recover additional income tax paid because of delay—Public Service Staff Relations Act, R.S.C. 1970, c. P-35, s. 56—Federal Court Act, s. 35.
Held, appeal is dismissed.
APPEAL from the decision of Kerr J. [1972] F.C. 185.
D. H. Aylen, Q.C., and J. F. Smith for appellant.
J. Carlisle Hanson, Q.C., for respondent. The judgment of the Court was delivered by
JACKETT C.J. (orally)—The appeal is dis missed with costs; and we are content to adopt the reasons of the learned Trial Judge with regard to the damages that are payable by reason of the increased income tax, with this reservation, that we desire to make it plain that we are expressing no opinion concerning a case where the debtor who is in default is not the government that collects the additional income tax.
As the respondent has not pressed the cross- appeal, it is dismissed with costs.
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