What grounds are set out in the statement of claim in support of a claim for the allowance of interest?
Saskatchewan, Canada
The following excerpt is from Tepper v. Farmers' Mutual Fire Insurance Company, 1924 CanLII 78 (SK QB):
It is further objected that I was wrong in allowing interest because no grounds are set out in the statement of claim in support of a claim for the allowance of interest and in support of this the case of Ellam v. Acadia Trust Co., 6 W.W.R. 1083, is cited. This case simply decides what is more or less a fundamental principle—that judgment can only be given in respect of matters which appear in the statement of claim. The present case, I think, is different. The action, as I said, is for a policy of fire insurance. The making of the policy is set out; the loss is alleged to have taken place; it is stated that particulars of loss have been furnished on several occasions, and that the amount has not been paid and the plaintiff claims such amount and interest thereon.
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