Musqueam Indian Band v. Glass
T-1545-96
Rothstein J.
5/12/97
6 pp.
Application for pre-judgment interest on unpaid rent since June 8, 1995 under Federal Court Act, s. 36, providing provincial laws relating to pre-judgment interest apply-B.C. Court Order Interest Act, s. 1(1) requiring court to add to pecuniary judgment interest calculated on amount ordered to be paid from date on which cause of action arose to date of order-Under leases, determination of rent in each of 20 years commencing June 8, 1995 referred to Court when parties unable to agree thereon-Webb & Knapp (Canada) Ltd. v. Crown Forest Industries Ltd., [1985] B.C.J. No. 1035 (QL) holding s. 1(1) not applicable to arbitration board's determination of annual rent to be paid under lease as no order to pay, no wrongful conduct by tenant-Judgment herein only declaratory of fair rent payable-Prior to issuance of judgment, amount of rent payable annually not known-Until determined, amount of rent payable not due-Not cause of action based on unpaid rent, and court order requiring rent to be paid-Although equities favouring plaintiffs (defendants having had use of both leased land and fair rent monies since June 8, 1995), Webb & Knapp applied-S. 1(1) not applicable herein-S. 36 not conferring jurisdiction on Court to order pre-judgment interest-Webb & Knapp, not argued in other decisions of this Court in which prejudgment interest awarded in similar circumstances-Award in commercial case not taking account of cost of money not doing justice between parties, but matter herein neither at large, nor is discretion conferred on Court to award prejudgment interest-Federal Court Act, R.S.C., 1985, c. F-7, s. 36 (as am. by S.C. 1990, c. 8, s. 9)-Court Order Interest Act, R.S.B.C., c. 76, s. 1.