Eyben v. K.R. Ranches (1970) Ltd., (1982) 38 A.R. 336 (CA)

• Judge: McGillivray, C.J.A., Haddad and Harradence, JJ.A.
• Court: Court of Appeal (Alberta)
• Case Date: June 07, 1982
• Citations: (1982), 38 A.R. 336 (CA);1982 ABCA 178;137 DLR (3d) 332;[1982] 5 WWR 269;20 Alta LR (2d) 270;38 AR 336;29 CPC 49

Eyben v. KR Ranches Ltd. (1982), 38 A.R. 336 (CA)

MLB headnote and full text

Eyben v. K.R. Ranches (1970) Ltd.

(Appeal No. 12827)

Indexed As: Eyben v. K.R. Ranches (1970) Ltd.

Alberta Court of Appeal

McGillivray, C.J.A., Haddad and Harradence, JJ.A.

June 7, 1982

Summary:

An employer agreed to pay a manager of a farm a percentage of profits. When the manager resigned in 1975 the employer offered the manager $10,544 as his share of profits in return for a "complete legal release". The manager did not sign the release and commenced an action for an additional $17,628. The Trial Division of the Alberta Supreme Court dismissed the manager's action - see 14 A.R. 382. The manager appealed to the Alberta Court of Appeal.

The Alberta Court of Appeal allowed the appeal and directed a recalculation of the amount of profits. The judgment of the Court of Appeal is not reported in this series of reports.

The profits were recalculated and the amount due the manager was found to be $28,172. The Trial Division of the Alberta Supreme Court refused to award interest to the manager - see paragraphs 36 to 38 below. The manager appealed to the Alberta Court of Appeal.

The Alberta Court of Appeal allowed the appeal and awarded the manager interest at 10% per annum on $10,544 from March 31, 1975.

Interest - Topic 5302

Interest as damages - Interest on payment of money or debt withheld - Judicature Act, s. 34(16) - What constitutes improper withholding - An employer agreed to pay a manager of a farm a percentage of profits - When the manager resigned in 1975 the employer offered the manager $10,544 as his share of profits in return for "complete legal release" - The manager did not sign the release and successfully claimed an additional $17,628 - The Alberta Court of Appeal held that the $10,544 was improperly withheld because the demand for a release was unfair economic pressure - The Court of Appeal awarded the manager 10% per annum interest on $10,544 from March 31, 1975.

Interest - Topic 5544

Interest as damages - Practice - Pleading - The Alberta Court of Appeal stated the proper manner of pleading a claim for interest (see paragraph 35).

Cases Noticed:

Toronto Railway Co. v. Corporation of the City of Toronto, [1906] A.C. 117, ref'd to. [para. 8].

Foundation Company of Canada Ltd. v. Prince Albert Pulp Company Ltd. et al., 8 N.R. 181, [1977] 1 S.C.R. 200, ref'd to. [para. 10].

Bagby v. Gustavson International Drilling Co. Ltd. et al. (1981), 24 A.R. 181, ref'd to. [para. 15].

Granpac Limited v. American Home Assurance Company, 33 A.R. 212, ref'd to. [para. 16].

Greenshields Incorporated v. Johnston and Johnston & Associates Ltd., 35 A.R. 487, ref'd to. [para. 18].

Kenting Drilling Ltd. v. General Accident Assurance Co. of Canada, [1979] 5 W.W.R. 68; (1981), 26 A.R. 90, ref'd to. [para. 23].

Pacific Petroleums Ltd. v. Concordia Propane Gas Marketers Ltd., 5 A.R. 421, ref'd to. [para. 24].

Sheehy v. Edmonton World Hockey Enterprises Ltd. et al, (1979), 22 A.R. 1, ref'd to. [para. 25].

Gustavson International Drilling Co. Ltd. v. B.P. Explorations Canada Ltd., 3 A.R. 221, ref'd to. [para. 26].

Evergreen Irrigation v. Belgium Farms Ltd. (1976), 3 A.R. 248, ref'd to. [para. 27].

V S Service v. Hillcrest Manor, 24 N.S.R.(2d) 248, 35 A.P.R. 248, ref'd to. [para. 28].

Suss Woodcraft v. Abbey Glen Property Corporation, [1975] 5 W.W.R. 57, ref'd to. [para. 29].

Statutes Noticed:

Judicature Act, R.S.A. 1970, c. 193, sect. 34(16) [para. 9].

Counsel:

W.S. McKall, for the appellant;

R.L. Duke, for the respondent.

This appeal was heard by McGILLIVRAY, C.J.A., HADDAD and HARRADENCE, JJ.A., of the Alberta Court of Appeal.

The judgment of the Court of Appeal was delivered by McGILLIVRAY, C.J.A., on June 7, 1982.