After a liability trial in this environmental contamination action, Justice Bell awarded the plaintiff $1.2 million for diminution of property value and $91,307.21 for engineering expenses. Justice Bell awarded pre-judgment interest on these amounts under s. 128 of the Courts of Justice Act. The parties sought direction as to the operative date for the calculation of pre-judgment interest. With respect to the damages for diminution of property damage, the plaintiff argued it should run from the date the defendant was put on notice of the contamination. The defendant argued the interest should only run from the date the plaintiff sold the property and the diminished value crystallized. Justice Bell agreed with the plaintiff, noting that pre-judgment interest (absent special circumstances) is ordinarily awarded to reflect the value of money wrongfully withheld from the plaintiff. With respect to the engineering expenses, Justice Bell held that interest ran only from the date the expenses were incurred.
