Is post-judgment interest on costs payable from November 1, 2006?
Ontario, Canada
The following excerpt is from MacDonald v. Talaba, 2007 CanLII 4022 (ON SC):
The plaintiff also submits that post-judgment interest on costs should be paid by the defendants from November 1, 2006. In my view, subject to any agreement to the contrary, post-judgment interest on costs is payable from the time that the defendants can ascertain the amount of money that is “properly payable”. See Hassen v. Anvari 2002 CanLII 18680 (ON SC), [2002] O.J. No. 4096 (Ont. Sup. Ct. of Jus.). Although counsel for the plaintiff moved for an award of costs on November 1, 2006, no award of costs was made at that time. Accordingly, I do not think it appropriate to order that post-judgment interest be paid from November 1, 2006. Having said that, counsel have agreed that subject to my finding an earlier date for post-judgment interest to be awarded, post-judgment interest is to be calculated regarding costs as of January 19, 2007. DISPOSITION
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