A-906-80
Mortensen & Lange and International Contract
Carriers Ltd. (Plaintiffs) (Respondents)
v.
Neptune International Shipping Ltd. and H. B.
Willis (1974) Ltd. (Defendants) (Appellants)
Court of Appeal, Pratte and Ryan JJ. and Lalande
D.J.—Montreal, December 18, 1981.
Maritime law — Appeal from decision of Trial Judge to
grant interest to the plaintiff from the date of the commence
ment of the action — Confessions of judgment disposing of
principal amounts claimed and costs of the action were filed
by defendants — Whether Trial Judge could exercise his
discretion to grant interest to the plaintiff from the date of the
commencement of the action — Appeal allowed — No evi
dence that the amount the appellant had agreed to pay was
owing at that time.
APPEAL.
COUNSEL:
T. H. Bishop for plaintiffs (respondents).
I. E. Harris for defendants (appellants).
SOLICITORS:
Brisset, Bishop, Davidson & Davis, Montreal,
for plaintiffs (respondents).
Cerini, Salmon, Watson, Souaid & Harris,
Montreal, for defendants (appellants).
The following are the reasons for judgment of
the Court delivered orally in English by
PRATTE J.: We are all of the view that this
appeal must succeed.
In our opinion, the Trial Judge [[1981] 2 F.C.
232] could not exercise his discretion to grant
interest to the plaintiff from the date of the com
mencement of the action because there was no
evidence before him showing that the amount the
appellant had agreed to pay was owing at that
time.
The appeal will therefore be allowed, the judg
ment dated February 26, 1981, concerning interest
will be set aside in so far as it relates to the
appellant and the judgment dated October 1980
will be varied by deleting from paragraph No. 1
the words "together with interest on the sum of
$32,320.51 at the rate of 11.75% per annum from
the 17th day of October, 1977 to the 28th day of
October, 1980."
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.