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Interest - Compound

. MDS Inc. v. Factory Mutual Insurance Company

In MDS Inc. v. Factory Mutual Insurance Company (Ont CA, 2021) the Court of Appeal considered the awarding of compound interest (interest on interest):
[103] Courts of equity have always exercised the power to award compound interest whenever there is wrongful detention of money that ought to have been paid and which the company uses in its business: Enbridge Gas v. Michael Marinaccio et al., 2011 ONSC 4962, at para. 17, aff’d 2012 ONCA 650, 355 D.L.R. (4th) 333, at paras. 56-57, leave to appeal refused, [2012] S.C.C.A. No. 514 & [2012] S.C.C.A. No. 517; Brock v. Cole (1983), 1983 CanLII 1952 (ON CA), 142 D.L.R. (3d) 461 (Ont. C.A.). This is based on the theory that it is reasonable to assume that the wrongdoer made the most beneficial use of the money and is accountable for the profits. A reasonable use of money implies compounding interest at some appropriate interval.



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Last modified: 17-11-22
By: admin