Civil and Administrative Litigation Opinions for Self-Reppers
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Interest - Basics. Solar Power Network Inc. v. ClearFlow Energy In Solar Power Network Inc. v. ClearFlow Energy (Ont CA, 2018) the Court of Appeal sets out the definition of interest:[33] Solar Power does not challenge the legal test used by the application judge, at para. 20:1. Interest is the return or consideration or compensation for the use or retention of money that is owed to another person; 2. interest must relate to a principal amount or an obligation to pay money; and, 3. interest must accrue over time: Saskatchewan (Attorney General) v. Canada (Attorney General), 1947 CanLII 32 (SCC), 1947 S.C.R. 394 at para. 47; Ontario (Attorney General) v. Barfried Enterprises Inc., 1963 CanLII 15 (SCC), [1963] S.C.R. 570, 42 D.L.R. (2d) 137 at para. 5.
[33] Solar Power does not challenge the legal test used by the application judge, at para. 20:1. Interest is the return or consideration or compensation for the use or retention of money that is owed to another person; 2. interest must relate to a principal amount or an obligation to pay money; and, 3. interest must accrue over time: Saskatchewan (Attorney General) v. Canada (Attorney General), 1947 CanLII 32 (SCC), 1947 S.C.R. 394 at para. 47; Ontario (Attorney General) v. Barfried Enterprises Inc., 1963 CanLII 15 (SCC), [1963] S.C.R. 570, 42 D.L.R. (2d) 137 at para. 5.
1. Interest is the return or consideration or compensation for the use or retention of money that is owed to another person; 2. interest must relate to a principal amount or an obligation to pay money; and, 3. interest must accrue over time: Saskatchewan (Attorney General) v. Canada (Attorney General), 1947 CanLII 32 (SCC), 1947 S.C.R. 394 at para. 47; Ontario (Attorney General) v. Barfried Enterprises Inc., 1963 CanLII 15 (SCC), [1963] S.C.R. 570, 42 D.L.R. (2d) 137 at para. 5.
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