Is interest included in the calculation of damages claimed for purposes of determining whether the threshold amount is met?

Alberta, Canada


The following excerpt is from Fahie v. Rubin, 2006 ABQB 81 (CanLII):

Eighth, as to interest, in any event of what was said above and in Lukic v. Rogers, I believe that interest should be included in the calculation of damages claimed for the purpose of (a) determining whether the threshold amount is met, and (b) imposing an undertaking on the plaintiff not to seek more than the threshold amount, only when the interest is a liquidated part of the claim existing as at the commencement of proceedings (as in a debt action, see s. 17(1)(c) of the Act). Interest should not impact the threshold limit when it is not a liquidated part of the claim at that time, or when it is discretionary. This is because, in the latter cases, the amount of interest may depend on the date of the trial and or on the discretion of the court and the amount of interest is not easily determinable at the time of a jury application.

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