The Crown brought a motion for a re-hearing to vary a previous Supreme Court of Canada judgment that awarded the respondent $138,486.65 with interest from the date the action was instituted.
The Crown argued that under section 35 of the Federal Court Act, interest is not payable by the Crown prior to judgment unless stipulated by contract or statute.
The Court granted the motion and varied the judgment to make interest payable from the date of the trial judgment, in accordance with the Crown's admission under section 52 of the Supreme Court Act and section 40 of the Federal Court Act.
