Bill 96 — Second Session, 20Th Legislature, 33 Elizabeth Ii the Legislative Assembly of Alberta Bill 96 Judgment Interest Act (Legislature 20, Session 2)

L20 S2 3564

Alberta — Bills

1984 BILL 96 Second Session, 20th Legislature, 33 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 96 JUDGMENT INTEREST ACT MR. STILES First Reading Second Reading Committee ofthe Whole Third Reading Royal Assent

BiU 96 Mr Stiles BILL 96 1984 JUDGMENT INTEREST ACT (Assented to . 1984) TABLE OF CONTENTS

Interpretation Award of interest Payment into court and offer of judgment Calculation of interest Interest deemed part of judgment Interest on a judgment debt Application Transitional Amends RSA 1980 cJ-1 Amends RSA 1980 cM-21 Amends RSA 1980 cP-20 Coming into force 1 2 3 4 5 6 7 8-9 10 11 12 13 HER MAJESTY, by and with the advice and consent ofthe Legislative Assembly of Alberta, enacts as foUows:

Interpretation 1 In this Act, (a) "court" includes the Provincial Court of Alberta; (b) "judgment" includes an order of a court. PARTI PRE-JUDGMENT INTEREST Award of interest 2(1) Whcrc a pcrson obtains a judgment for the payment of money or a judgment that money is owing, the court shall award interest in accordance with this Part (

a) if the judgment is made on a liqiddated claim, from the date the cause of action arose to the date of the judgment, or (

b) if the judgment is made on an unliquidated claim, from the date the person entitled gave notice in writing of his claim to the person liable therefor to the date of the judgment.

(2) The court shaU not award interest under this Part (

a) on that part of a judgment that represents pecuniary loss aris ing after the day of judgment and that is identified by the court;

(

b) on interest awarded under this Act; (

c) on exemplary or punitive damages; (

d) on an award of costs in the action; (

e) on money, or interest on that money, borrowed by a party to pay for expenses which are claimed as special damages; (

f) on money that is (

i) paid into court and accepted, or (ii) contained in an offer of judgment or an offer to settle made and accepted in accordance with the Alberta Rules of Court in satisfaction of a claim; (

g) on a judgment that is given on consent, unless agreed to by the parties; (

h) where there is an agreement between the parties respecting interest; (

i) where the payment of pre-judgment interest is otherwise pro vided by law.

(3) If it considers it just to do so having regard to changes in market interest rates, the circumstances of the case or the conduct of the action, the court may (

a) refuse to award interest under this Part, (

b) award interest under this Part at a rate higher or lower than the rate set out in this Part, or (

c) award interest under this Part for a period other than the period provided for in this Part.

(4) In a jury trial, the judge shaU exercise the powers of the court under this Act.

(5) In the case of a defauh judgment, other than an entry of a default judgment ordered by a court, the clerk of the court shaU award in terest calculated in accordance with this Part, but shaU not exercise any discretion granted to the court under subsection (3). Payment into 3 Where a party court and offer of judgment ^^^ ^^^^ moucy iuto court in satisfaction ofthe claim of another party, or (

b) makes an offer of judgment specifying the terms on which the party is wiUing to setde the claim of another party, and the other party does not accept the payment or the offer and obtains a judgment for an amount equal to or less than the amount paid into court or the amount offered, the court shaU award mterest under this Part from the date specified in

section 2(1) only to the day the payment into court was made or the date of service of the offer of judgment, as the case may be.

Calculation of interest Interest deemed part of judgment Interest on a judgment debt Application Transitional Transitional Amends RSA 1980 cJ-1 Amends RSA 1980 cM-21 4(1) Interest awarded under this Part on non-pecuniary damages shaU be calculated at the rate of 4% per year.

(2) Interest awarded under this Part on pecuniary damages and in debt or other actions shall be calculated, for each year or part of a year included in the period in respect of which the interest is payable, at the prescribed rate applicable to that year.

(3) Before the beginning of each year, the Lieutenant Govemor in Councd may, by regulation, prescribe the rate to be applied under subsection (2) for that year.

(4) If a rate is not prescribed in accordance with subsection (3), the rate then in effect continues to apply untd the beginning of a year for which a rate is prescribed. 5 For the purpose of enforcing a judgment, interest awarded under this

Part is included in the judgment.

PART 2 POST-JUDGMENT INTEREST 6(1) In this section, "judgment debt" means a sum of money or any costs, charges or expenses made payable by or under a judgment in a civil proceeding.

(2) Notwithstanding that the entry of judgment may have been sus pended by a proceeding in an action, including an appeal, a judgment debt bears interest from the day on which it is payable by or under the judgment untd it is satisfied, at the rate or rates prescribed under

section 4(3) for each year during which any part of the judgment debt remains unpaid.

PART 3 GENERAL 7 The Crown is bound by this Act. B(

l) This Act applies to a judgment given after this Act comes into force whether the cause of action in respect of which the judgment is given arose before or after this Act comes into force.

(2) No interest shaU be awarded under

Part 1 for the period before AprU 1, 1984.

(3) If a cause of action arose before AprU 1, 1984 in respect of which

section 15 ofthe Judicature Act applies,

section 15 ofthe Judicature Act applies in respect of the period before AprU 1, 1984. 9 The rate of interest payable under

section 4(2) from AprU 1, 1984 to December 31. 1984 shaU be prescribed by the Lieutenant Governor in CouncU by regulation. 10

Section 15 ofthe Judicature Act is renumbered as

section 15(1) and the following is added after subsection (1); (2) Subsection (1) does not apply in respect of a cause of action that arises after March 31, 1984. 11

Section ll(3)(

a) ofthe Motor Vehicle Accident Claims Act is re pealed.

Amends 12 Sectlon 36(1) ofthe Provincial Court Act is amended RSA 1980 cP-20 (

a) in clause (

a) by striking out "$2000" wherever U occurs and substituting "$2000 exclusive of interest payable under

an Act or by agreement on the amount claimed"; (

b) in clause (

b) by striking out "$2000" wherever it occurs and substituting "$2000 exclusive of interest payable under

an Act or by agreement on the amount counterclaimed". Coming 13

Section 6 comes into force on Proclamation. into force In accordance with

section 4(1) ofthe

Interpretation Act, this Bill, except

section 6, comes into force on the date it receives Royal Assent. Title: 1984 (20th, 2nd) Bill 96, Judgment Interest Act

Document details

Collection	Alberta — Bills
Citation	L20 S2 3564
Type	bill
Volume / chapter	L20 S2 3564
Language	en
Format	json
Source	PROVINCIAL
Identifier	e306136641eca06a0afd57e4d7c43719c558bdf7

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