J.M. Arthur Lefebvre

The infant plaintiff sustained catastrophic injuries when he rode his bicycle down a ramp at an apartment building owned by the appellant Turret Realties Inc. and into the path of a vehicle driven by the appellant Anne Busk.

The trial judge found Turret 50% liable under the Occupiers' Liability Act and the plaintiff 50% contributorily negligent, while dismissing claims against the driver.

Turret appealed on multiple grounds, including reasonable apprehension of bias, liability, and damages.

The plaintiff cross-appealed regarding contributory negligence, loss of interdependent relationship, and the refusal to award a management fee.

The Court of Appeal dismissed the main appeal and allowed the cross-appeal in part, awarding a management fee of $302,989 and adjusting the tax gross-up accordingly.

The appellants sold their shares in a trailer park to the respondents, taking back a promissory note bearing 10 percent interest annually until maturity.

The note did not specify a post-maturity interest rate.

After the respondents defaulted, the trial judge held that the post-maturity interest rate was 5 percent pursuant to section 3 of the Interest Act.

The Court of Appeal allowed the appeal, holding that the prejudgment interest provisions of the Courts of Justice Act ousted section 3 of the Interest Act.

The Court exercised its discretion to fix the post-maturity interest rate at 10 percent, matching the pre-maturity rate, to reflect commercial reality and prevent the respondents from benefiting from their default.