What is the legal test for the implied agreement to pay interest on an outstanding debt?
Nova Scotia, Canada
The following excerpt is from Boyne Clarke LLP v. Adema, 2016 NSSM 1 (CanLII):
Courts are reluctant to imply agreements to pay interest on overdue accounts. There must be either an express agreement to that effect, or an agreement that can be implied on the evidence: see generally McInnes Cooper v. Canus Fisheries Ltd 2006 NSSM 9 at para. 19.
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