What is the test for interest on a judgment?

British Columbia, Canada


The following excerpt is from Lewthwaite v. Godin, 1984 CanLII 861 (BC SC):

Lewis v. Todd, 1980 CanLII 20 (SCC), [1980] 2 S.C.R. 694, 14 C.C.L.T. 294, 34 N.R. 1, establishes the rule that interest should run on any judgment for a future loss from the time of judgment until payment, at a rate that will preserve the integrity of the actuarial fund. The reason for this is that if the payment is substantially delayed beyond the date of the judgment because of appeals and the like, then the capital sum calculation made at the time of trial is no longer valid since interest on the judgment is restricted to the statutory rate of 5 per cent.

Other Questions


Does a post-judgment interest rate need to be greater than the pre-judgement interest rate? (British Columbia, Canada)
Can a judgment debtor sell interest in the property that the judgment debtor has in favour of the purchaser? (British Columbia, Canada)
Does a judgment in rem with respect to a claim to a interest in land stand against an interested person who was denied an opportunity to be heard? (British Columbia, Canada)
Is a plaintiff entitled to pre-judgment interest on the Kuwait Debt Judgment pursuant to section 1 of the COIA? (British Columbia, Canada)
Does the court have to determine whether a judgment is binding on trust that was obtained prior to the judgment being made? (British Columbia, Canada)
What is the test for balancing the relevant competing interests of privacy and public interest? (British Columbia, Canada)
Is a beneficial interest held by shareholders in Del Cano Real Estate Trust a "beneficial interest" in the real estate REIT? (British Columbia, Canada)
Is a doctor liable for errors of judgment or error of judgment? (British Columbia, Canada)
Can a person whose equitable interest in a property is being challenged give value for their legal interest in the property? (British Columbia, Canada)
Can a judgment against a defendant be executed on January 18, 1996, but no steps have been taken to execute the judgments for 10 years? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.