There was no evidence of exceptional circumstances

Civil Practice and Procedure - Judgments and orders - Interest on judgments

Deputy judge granted judgment in requested amount of $4,086.82, which included prejudgment interest as requested at contractual rate of 19.8 per cent, costs as requested in amount of $650.00, and postjudgment interest. Deputy judge granted postjudgment interest at rate set out in Courts of Justice Act and not at requested contractual rate of 19.8 per cent. Plaintiff appealed concerning award for postjudgment interest. Appeal allowed. Deputy judge's judgment, as it related to postjudgment interest, was set aside and postjudgment interest was set at 19.8 per cent per annum. Deputy judge made error in law by not providing reasons for his decision with respect to postjudgment interest. Deputy judge made error in law by not awarding postjudgment interest at contractual interest rate of 19.8 per cent. There was no evidence of exceptional circumstances. No reason was seen based on evidence that was before deputy judge for why he did not follow certain binding authorities.

Capital One Bank v. Carroll (2019), 2019 CarswellOnt 17377, 2019 ONSC 6261, Kumaranayake J. (Ont. Div. Ct.).

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