Federal Court Decisions

Date: 19971230

Docket: T-79-91

BETWEEN:

     PATRICK McGUIRE,

     Moving Party/Plaintiff,

     - and -

     HER MAJESTY THE QUEEN IN RIGHT OF CANADA,

     Respondent/Defendant.

     REASONS FOR JUDGMENT

DUBÉ J:

[1]      This application by the plaintiff in the above matter pursuant to Rule 337(5)(b) of the Federal Court Rules¹ seeks a reconsideration of my judgment dated December 11, 1997, on the ground that I omitted to deal with interest payable to the plaintiff following my award of general damages in the amount of $25,000 for pain and suffering and $50,000 for loss of past and future income.

[2]      The reason I did not deal with interest is that the parties did not raise the matter at the hearing nor in their written arguments. However, the plaintiff did in his statement of claim ask for "pre and post-judgment interest". Under the circumstances, I have decided to exercise my discretion as provided under subsections 36(5) of the Federal Court Act² and 31(5) of the Crown Liability and Proceedings Act³.

[3]      Considering that, in my view, it would not be proper for the plaintiff to benefit from interest while he was serving time in penitentiary, interest will run from the day he was released or on December 1st, 1993 for both the general damages and loss of pre-judgment income. The rate of interest will be set in accordance with the Ontario Courts of Justice Act⁴ for the years 1993, 1994, 1995, 1996 and 1997. These rates shall therefore be applied for the period in question to the amount of $25,000 in general damages.

[4]      As to the global sum of $50,000 allowed for past and future income, for reasons outlined in my judgment it is not easy to provide a precise breakdown so as to exactly reflect an amount for past income, as opposed to future income. However, the period of past income would run from the day the plaintiff was released from penitentiary to the time of judgment, which is also the same period above referred to. The plaintiff being 58 years old, it is reasonable to assume that he could have worked about another four to five years in the type of work for which he is qualified. Thus, interest ought to apply to 50% of the global amount of $50,000 adjudged for loss of past and future income.

[5]      Consequently, I will allow the Ontario rate of interest to be applied in accordance with the provisions of the Ontario Courts of Justice Act for the sum of $50,000 ($25,000 in general damages and $25,000 in loss of past income) from December 1st, 1993 to the date of judgment. My judgment dated December 11, 1997 is amended accordingly.

[6]      There will be no costs awarded for this motion.

    

     Judge

OTTAWA, ONTARIO

December 30, 1997

__________________

¹      C.R.C., c. 663.

²      R.S.C. 1985, c. F-7.

³      R.C.S. 1985, c. C-50.

⁴      R.S.O. 1990, C.43.