SUPERIOR COURT OF JUSTICE - ONTARIO

COURT FILE NO.: CV-11-425476
DATE: 20121009

RE: VENUS BEAUTY SUPPLIES LIMITED, Plaintiff

AND:

SALON DISTRIBUTION INC., Defendant

BEFORE: WHITAKER, J.

COUNSEL:
Jamie VanWiechen , for the Plaintiff
Symon Zucker , for the Defendant

HEARD: April 24, 2012

1 . This endorsement follows the plaintiff’s successful summary judgment motion for payment of shipped merchandise. I awarded the plaintiff $35,316.88 plus interest. On agreement, costs were fixed at $8000.00.

2 . The parties disagree on the calculation of interest and have filed written submissions.

3 . The invoices issued by the plaintiff provide for interest to be paid at 2% per month. Other than this notation, there is no other documentary evidence regarding the rate of interest.

4 . The rate of interest set out in the Courts of Justice Act, ( Courts of Justice Act, R.S.O. 1990, c-43, s. 128(1), 129(1)), is presumptive in the absence of an agreement to the contrary.

5 . The plaintiff has not charged the defendant interest in past similar transactions. The only evidence in support of the plaintiff’s position is a notation made unilaterally on issued invoices.

6 . I am not persuaded that the notation of 2% a month on invoices issued by the plaintiff demonstrate an agreement to these terms in the face of the practice between the parties.

7 . The Courts of Justice rate applies.

8 . I conclude that pre-judgment and post judgment interest shall be paid by the defendant according to the Courts of Justice Act, beginning on the date of the issuance of the plaintiff’s statement of claim - and further, the calculation of interest is simple and not compound.

9 . Order accordingly.

Whitaker, J.

Date: October 9, 2012