MacKay v. Scott Packing and Warehousing Co. ( Canada ) Ltd.
T-2015-89
Gibson J.
9/9/96
7 pp.
Quantum of damages-Application by plaintiff for order for directions-Plaintiff obtaining judgment against defendant-Judgment permitting plaintiff to recover damages calculated in accordance with limitation of liability clause in contract and interest in manner to be agreed between parties-No evidence adduced at trial as to quantum of damages-Parties unable to agree on calculation of damages and interest-Plaintiff appealing to Court of Appeal-Appeal dismissed but Court finding determination by Trial Judge not final and matter returned to Trial Judge for resolution of issues remaining to be considered to determine amount to which appellant entitled to recover from respondent-Trial Judge left to assess damages in accordance with contract with no evidence having been adduced at trial as to damages-Judge relying on R. 500 to refer matter back to himself for determination of question or issue of fact in accordance with Rule-Order for reference after trial exceptional procedure and should only be ordered on consent of parties or when compelling reasons bearing on conduct of action as whole-Compelling reasons here-Order directing reference pursuant to R. 500 to provide for determination of questions or issues of fact necessary to be determined in order to allow final judgment to issue-Federal Court Rules, C.R.C., c. 663, R. 500.