Simon's Megalomaniacal Legal Resources

Interest - CJA Rates (2)

. ID Inc. v. Toronto Wholesale Produce Association [pleadings]

In ID Inc. v. Toronto Wholesale Produce Association (Ont CA, 2025) the Ontario Court of Appeal allows an appeal, here from trial orders of a declaration of breached contract and damages.

Here the court notes that when seeking to vary from the CJA-prescribed interest rates, that should be so pled:

[64] It remains the fact that if a party wishes to claim interest at a rate other than under the CJA, it must advance that claim in its pleading. A boilerplate claim for interest under the CJA does not fulfill that requirement nor does it provide a pathway for the court to award interest other than as stipulated by the CJA. Failing to plead that separate right to interest also does not comply with the requirements of r. 25.06(9) of the Rules of Civil Procedure, R.R.O., 1990, Reg. 194 which reads, in part:

Where a pleading contains a claim for relief, the nature of the relief claimed shall be specified ... .