McKinnon v. Gref's Delivery (1979) Ltd. and Miller, (1994) 121 Sask.R. 78 (QB)

• Judge: Matheson, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: June 08, 1994
• Jurisdiction: Saskatchewan
• Citations: (1994), 121 Sask.R. 78 (QB)

McKinnon v. Gref's Delivery Ltd. (1994), 121 Sask.R. 78 (QB)

MLB headnote and full text

Martin McKinnon (plaintiff) v. Gref's Delivery (1979) Ltd. and Michael Miller (defendants)

(1984 Q.B. No. 2893)

Indexed As: McKinnon v. Gref's Delivery (1979) Ltd. and Miller

Saskatchewan Court of Queen's Bench

Judicial Centre of Regina

Matheson, J.

June 8, 1994.

Summary:

A jury awarded the plaintiff $5000 for nonpecuniary damage. He applied for pre­judgment interest on that amount.

The Saskatchewan Court of Queen's Bench dismissed the application.

Interest - Topic 5011

Interest as damages (prejudgment interest) - Interest on nonpecuniary general dam­ages - The plaintiff was awarded $5000 in nonpecuniary damages for a whiplash injury - He applied for prejudgment inter­est and based his claim on ss. 46 and 47(3) of the Queen's Bench Act - Because the accident occurred in 1983 the Pre-judg­ment Interest Act did not apply - The Saskatchewan Court of Queen's Bench dismissed the application - Section 46 did not apply because the plaintiff was unable to refer to any cases or rule of practice where prejudgment interest was awarded prior to the Pre-judgment Interest Act - Section 47(3) did not apply because the plaintiff's action was not based on a policy of insurance.

Cases Noticed:

Piedmontese Breeding Co-Operative Ltd. v. Madill (1985), 40 Sask.R. 144 (C.A.), refd to. [para. 10].

Webster v. British Empire Mutual Life Assurance Co. (1880), 15 Ch.D. 169 (C.A.), refd to. [para. 12].

Harrand v. Saskatchewan Government Insurance Office, [1979] 4 W.W.R. 478; 7 Sask.R. 188 (C.A.), refd to. [para. 12].

Statutes Noticed:

Automobile Accident Insurance Act, R.S.S. 1978, c. A-35, generally [para. 14].

Civil Procedure Act (U.K.), 3 and 4 William IV, c. 42, sect. 18, sect. 19 [para. 11].

Lord Tenterden's Act - see Civil Procedure Act (U.K.).

Pre-judgment Interest Act, S.S. 1984-85-86, c. P-22.2, sect. 8 [para. 6].

Queen's Bench Act, R.S.S. 1978, c. Q-1, sect. 46, sect. 47 [para. 1].

Counsel:

S.G. McLean, for the plaintiff;

R.A. Watson, for the defendants.

This case was heard by Matheson, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Regina, who delivered the following judgment on June 8, 1994.