The Queen (Appellant)
v.
John Kenneth Eaton (Respondent)
Court of Appeal, Jackett C.J., Thurlow J. and
Cameron D.J.—Ottawa, October 17, 1972.
Public Service—Collective agreement—Retroactive salary
not paid within statutory time limit—Right to damages—No
right to recover interest on money borrowed because of delay
—Right to recover additional income tax paid because of
delay—Public Service Staff Relations Act, R.S.C. 1970, c.
P-35, s. 56—Federal Court Act, s. 35.
Held, appeal is dismissed.
APPEAL from the decision of Kerr J. [1972]
F.C. 185.
D. H. Aylen, Q.C., and J. F. Smith for
appellant.
J. Carlisle Hanson, Q.C., for respondent.
The judgment of the Court was delivered by
JACKETT C.J. (orally)—The appeal is dis
missed with costs; and we are content to adopt
the reasons of the learned Trial Judge with
regard to the damages that are payable by
reason of the increased income tax, with this
reservation, that we desire to make it plain that
we are expressing no opinion concerning a case
where the debtor who is in default is not the
government that collects the additional income
tax.
As the respondent has not pressed the cross-
appeal, it is dismissed with costs.
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.