central trust co. v. rafuse, [1988] 1 S.C.R. 1206

Central Trust Company Appellant

v.

Jack P. Rafuse and Franklyn W. Cordon Respondents

indexed as: central trust co. v. rafuse

File No.: 17753.

Re‑hearing: 1988: June 30.

Present: Dickson C.J. and Beetz, McIntyre, Lamer, Wilson and Le Dain JJ.

application to vary judgment of supreme court of canada

Judgments and orders ‑‑ Motion to vary ‑‑ Order as to quantum and interest ‑‑ Interest running from date fixed in pre‑trial agreement ‑‑ Parties to agreement intending interest to run only until date of order for trial judgment and not for appeal period ‑‑ Judgment varied.

RE‑HEARING of an appeal, 1986 CanLII 29 (SCC), [1986] 2 S.C.R. 147, for the purpose of varying the judgment. Application to vary judgment allowed on re‑hearing.

B. A. Crane, Q.C., for the appellant.

Reginald Cluney, Q.C., for the respondents.

The judgment of the Court was delivered orally by

I. The Chief Justice‑‑Justice Le Dain will deliver the judgment of the Court.

II. Le Dain J.‑‑The application is allowed and the judgment of the Court pronounced on October 9, 1986 is varied by the addition after the words "April 14, 1982" of the words "until August 9, 1982". There will be no costs on the motion for a re‑hearing or on the re‑hearing.

Judgment accordingly.

Solicitors for the appellant: Daley, Black & Moreira, Halifax.

Solicitors for the respondents: McInnes, Cooper & Robertson, Halifax.