Hyperlawhypertext legal database Bank of Nova Scotia v. Dunphy Leasing Enterprises Ltd. [1994] 1 SCR 552

← Cases

Bank of Nova Scotia v. Dunphy Leasing Enterprises Ltd.

[1994] 1 SCR 552 Court SCC Decision date 1994-03-18 Docket 22819 English

PartiesDunphy Leasing Enterprises Ltd. Appellants·S. & D. Rent‑A‑Car Ltd. and 106315 Canada Inc. Appellants·The Bank of Nova Scotia Respondent·Borrowers' Action Society Interveners·Canadian Bankers' Association Interveners·T. Eaton Co. and Canadian Tire Acceptance Ltd. Interveners

Judges Lamer, Antonio; La Forest, Gérard V.; L'Heureux-Dubé, Claire; Sopinka, John; Gonthier, Charles Doherty; Cory, Peter deCarteret; McLachlin, Beverley

Decision 6–1 Majority (6) · Lamer C.J. (1)

On appeal from Alberta

Subjects Action Contract

Contents

Majority

The judgment of the Court was delivered orally by

Lamer C.J.

Lamer C.J. ‑‑ Mr. Willis, you gave the very difficult case you had the best possible day in Court a barrister can. Unfortunately we cannot accede to your arguments.
Essentially this case rests upon the interpretation of a contract and the statutory interpretation of s. 4 of the Interest Act , R.S.C., 1985, c. I‑15 . Both matters were carefully considered by the Court of Appeal and we feel that we cannot usefully add to the reasons below, with which we are in substantial agreement.
The appeal is accordingly dismissed with costs in this Court only.
Judgment accordingly.
Solicitors for the appellants: Cleall, Pahl, Edmonton.
Solicitors for the respondent: Bennett, Jones, Verchere, Calgary.
Solicitor for the intervener Borrowers' Action Society: Margaret
Cowtan, Calgary.
Solicitors for the intervener Canadian Bankers' Association: McLennan, Ross, Edmonton.
Solicitors for the intervener T. Eaton Co.: Milner, Fenerty, Edmonton.
Solicitors for the intervener Canadian Tire Acceptance Ltd.: Cassels, Brock & Blackwell, Toronto.

Statutes and regulations cited