David Gomes

The plaintiff insurance broker appealed the trial judge's refusal to award pre-judgment interest and costs after successfully suing a former producer for the purchase price of her book of business.

The defendant cross-appealed the trial judge's interpretation of the agreement and the dismissal of her counterclaim for withheld commissions.

The Court of Appeal dismissed the cross-appeal, finding ample support for the trial judge's interpretation.

The Court allowed the appeal, holding that the trial judge erred in principle by depriving the successful plaintiff of costs and interest simply because the agreement was poorly worded, especially since the plaintiff had made an offer to settle for the amount the defendant claimed was owed.