KOCH v KOCH, 2020 ABQB 65


13.6: Pleadings: general requirements

Case Summary

Reasons for Judgment were issued in this family law dispute on October 5, 2017. Several issues remained outstanding between the parties following Judgment. One issue was whether interest was owed on the sale of some of the matrimonial property. Justice Kenny referred to Rule 13.6 which requires a party to specifically plead a statement of any interest claimed, the basis for the interest, and the method of calculating the interest in the Statement of Claim.

Justice Kenny reviewed the Statement of Claim. The Judgment Interest Act, RSA 2000, c J-1 was pleaded in the Statement of Claim for the claim for statutory pre-judgment interest. Her Ladyship noted that a different interest rate was raised in argument which had not properly been pleaded, but that awarding pre-judgment interest was discretionary. Ultimately, Justice Kenny ordered pre-judgment interest in the lump sum of $30,000.

View CanLII Details