Is a successful party entitled to interest on a disbursement of funds from a service provided by the provider of the service?

British Columbia, Canada


The following excerpt is from Basi v. Atwal, 2010 BCSC 2000 (CanLII):

I will confess, also, that I thought that there was some authority against allowing interest, on the theory that an unsuccessful defendant, or any unsuccessful party, I guess, cannot be expected to pay interest resulting from the impecuniosity of the successful party. But that is only a vague recollection. I am not going to do the research myself. And that principle is clearly contradicted by a very recent decision of Mr. Justice Burnyeat, which is of course binding on me. In that decision, Milne v. Clarke [2010], B.C.S.C. 317, the learned judge quite clearly says that the successful party is entitled to interest on a specific disbursement where the provider of the service in question had charged interest to counsel for that party.

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