What is the effect of a clause in a personal injury judgment requiring the payment of interest on principal after judgment?
Alberta, Canada
The following excerpt is from Bank of Nova Scotia v. U.P.C. Holdings Ltd., 1979 CanLII 1114 (AB QB):
I am of the view that the parties here have not prescribed the payment of interest after judgment but rather the payment of interest on principal after as well as before default. I refer to St. John v. Rykert (1884), 1884 CanLII 7 (SCC), 10 S.C.R. 278, per Strong J. at p. 288: “… and I should have thought that a proper and salutary construction, requiring as it does parties who stipulate for a larger amount of interest than the usual and legal rate to make clear by precise and unambiguous language what their intention was.”
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