Harrand v. Saskatchewan Government Insurance Office, (1979) 7 Sask.R. 188 (CA)

• Judge: Culliton, C.J.S., Brownridge and Hall, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: April 16, 1979
• Jurisdiction: Saskatchewan
• Citations: (1979), 7 Sask.R. 188 (CA)

Harrand v. SGI (1979), 7 Sask.R. 188 (CA)

MLB headnote and full text

Harrand v. Saskatchewan Government Insurance Office

Indexed As: Harrand v. Saskatchewan Government Insurance Office

Saskatchewan Court of Appeal

Culliton, C.J.S., Brownridge and Hall, JJ.A.

April 16, 1979.

Summary:

This case arose out of a claim against the Saskatchewan Government Insurance Office for the loss of an automobile which was destroyed in an accident. The trial judge allowed the plaintiff's action and awarded the plaintiff $34,000.00 plus interest for a period prior to judgment at 11 3/4%. The defendant appealed the interest award to the Saskatchewan Court of Appeal.

The Saskatchewan Court of Appeal dismissed the appeal.

Interest - Topic 3961

Statutory interest - On insurance proceeds - Queen's Bench Act, s. 47(3) - The Saskatchewan Court of Appeal affirmed an award of interest on insurance proceeds for the period prior to judgment - The Court of Appeal stated that such an award is a matter for a jury or a trial judge.

Cases Noticed:

Bodnorchuk and Nowakowsky v. Union Marine and General Insurance Company Limited (1957), 22 W.W.R. 389, refd to. [para. 6].

Toronto Railway Company and Corporation of the City of Toronto, [1906] A.C. 117, refd to. [para. 6].

Green v. Manitoba Assurance Co., 13 M.L.R. 396, refd to. [para. 7].

Strong v. Crown Fire Ins. (1913), 10 D.L.R. 42, refd to. [para. 7].

Robinson Little and Co. v. Midland Fire and Accident Insurance Co. (1916), 10 W.W.R. 824, refd to. [para. 7].

Pacific Coal Freighters Ltd. v. Westchester Fire Company, [1926] 3 W.W.R. 356, refd to. [para. 7].

Statutes Noticed:

Queen's Bench Act, R.S.S. 1965, c. 73, sect. 46, sect. 47(1) [para. 5]; sect. 47(3) [para. 7].

Counsel:

D.A. Phillips, for the appellant;

Ronald L. Barclay, for the respondent.

This appeal was heard by CULLITON, C.J.S., BROWNRIDGE and HALL, JJ.A., of the Saskatchewan Court of Appeal.

The judgment of the Court of Appeal was delivered by CULLITON, C.J.S., on April 16, 1979.